Sri. Gangadharaiah @ ... vs Sri. Ashfaq S/O Davalsab Bepari
2021 Latest Caselaw 6455 Kant

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        HIGH COURT LEGAL SERVICES COMMITTEE,
                  DHARWAD BENCH

                     Before the Lok Adalat

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

           Dated this 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.101649 OF 2021 (MV)
              LOK ADALAT NO.1811/2021

BETWEEN:
SRI. GANGADHARAIAH @ GANGADHARAYYA
S/O SIDDAYYA HIREMATH,
AGE. 77 YEARS, OCC. NIL,
R/O. BYAHATTI VILLAGE,
TQ. HUBBALLI, DIST.DHARWAD.

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

AND
1.  SRI. ASHFAQ S/O DAVALSAB BEPARI,
    AGE. MAJOR,
    OCC. OWNER OF LOARRY NO./ KA-25/C-19,
    R/O. MYADAR ONI,
    KALAGHATAGI,
    DIST. DHARWAD, 580040.
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2.    RELIANCE GENERAL INSURANCE
      COMPANY LIMITED,
      BY ITS MANAGER,
      V.A. KALABURGI SQUARE,
      DESAI CROSS, DESHPANDE NAGAR,
      HUBBALLI- 580029

                                                    ...RESPONDENTS

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

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2014 PASSED IN MVC NO.752/2012 ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA 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.1,50,000/- (Rupees One Lakh Fifty 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% 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

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