Smt. Jyoti W/O. Basavaraj ... vs Sri. Ashfaq S/O. Davalsab Bepari
2021 Latest Caselaw 6448 Kant

                               1



          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BECNH

             ON THE 18TH DAY OF DECEMBER 2021

                     Conciliators Present

      THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                            AND

             SRI.LAXMAN T. MANTAGANI, MEMBER


     MISCELLANEOUS FIRST APPEAL NO.101712 OF 2021 (MV)
                 LOK ADALAT NO.1809/2021

BETWEEN:
SMT. JYOTI W/O. BASAVARAJ KENGANAL,
AGE: 37 YEARS,
OCC: TAILORING AND HOUSEHOLD,
R/O. BYAHATTI,
TQ: HUBBALLI, DIST DHARWAD

                                                ... APPELLANT
(BY SRI. ANJANEYA M., ADVOCATE)

AND
1.     SRI. ASHFAQ S/O. DAVALSAB BEPARI
       AGE: MAJOR,
       OCC: OWNER OF LORRY NO. KA-25/C-19
       R/O. MYADAR ONI, KALAGHATAGI,
       DIST DHARWAD-580040

2.     RELIANCE GENERAL
       INSURER COMPANY LTD.,
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      BY ITS MANAGER,
      V. A. KALBURGI SQUARE,
      DESAI CROSS, DESHPANDE NAGAR,
      HUBBALLI-580029
                                                   ... RESPONDENTS

(BY SRI. G. N. RAICHUR, ADV., FOR R2; R1- NOTICE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD 06.08.2014 IN MVC NO.759/2012 PASSED BY THE I-ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., HUBLI PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of respondent-Insurance Company along with

its counsel are present.

2. After prolonged negotiations, the matter is settled.

The appellant-claimant has agreed to receive and the

respondent-Insurance Company has agreed to pay a global

compensation of Rs.65,000/- (Rupees Sixty Five Thousand

only), in addition to what has been awarded by the Tribunal,

in full and final settlement of the claim. A joint memo is filed

on behalf of the parties to this effect. The same is accepted.

3. The entire amount shall be released in favour of

the claimant.

4. The respondent-Insurance Company has agreed to

deposit the said amount before the Tribunal within six weeks

from the date of preparation of Award, failing which the said

amount shall carry interest at the rate of 9% per annum from

the date of default, till the deposit.

5. The Miscellaneous First Appeal stands disposed of

in terms of the Joint Memo. The award of the Tribunal shall

stand modified accordingly. Draw up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

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