Sri. Rajesh vs Sri. Jagadish
2021 Latest Caselaw 6454 Kant

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 18 T H DAY OF DECEMBER, 2021

               CONCILIATORS PRESENT:

      HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                         AND
           SRI.S.S. BADAWADAGI, MEMBER

             M.F.A.No.100695/2020 [MV]
                  (Lok Adalat No.1955/2021)

BETWEEN:

SRI. RAJESH S/O GOIDAYYA @ GOVINDAYYA NAIK
AGE:35 YEARS, OCC:HOTEL WORK,
R/O GOIDAYYANAMANE, BELIGADDE,
POST:HEBLE-581320, TQ:BHATKAL,
DIST:UTTARA KANNADA.
                                 ...APPELLANT
(BY SMT. DEEPA UDIYAR, ADVOCATE)

AND:

1.      SRI. JAGADISH S/O GOIDAYYA NAIK
        AGE:MAJOR, R/O GOIDAYYANAMANE,
        GANDHINAGAR, POST:HEBLE,
        TQ:BHATKAL, DIST:UTTARAKANNADA,
        PIN CODE-581320.

2.      THE BRANCH MANAGER
                            2




     NATIONAL INSURANCE COMPANY LTD.,
     THE BRANCH OFFICE, III FLOOR,
     PCARD BANK BUILDING,
     COURT ROAD, HONNAVAR-581341,
     DIST:UTTARA KANNADA.
                                   ....RESPONDENTS

(BY SRI.M.K. SOUDAGAR, ADVOCATE FOR R2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT THAT THE JUDGMENT AND AWARD DATED 26.9.2017 IN MVC NO.706/2016 PASSED BY THE MEMBER, ADDL. MACT & SENIOR CIVIL JUDGE AND JMFC, BHATKAL, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AMOUNT AS CLAIMED BYTHE APPELLANT IN HIS CLAIM PETITION, BY IMPOSING THE ENTIRE LIABILITY ON THE INSURANCE COMPANY I.E. SECOND RESPONDENT BY ALLOWING THIS APPEAL WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

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.80,000/- (Rupees

Eighty 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. Same is accepted.

3. The said 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% p.a. from the date of default, till the

date of 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

JTR