Kumar Sudarshan A/O Shivanand ... vs Shri.Kumar S/O Satteppa ...
2021 Latest Caselaw 6472 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.102147/2019 [MV]
                (Lok Adalat No.2156/2021)
BETWEEN:

KUMAR SUDARSHA N S/O S HIVANAND KAMBLE,
AGE: 14 YEARS , OCC.: STUDENT , SI NCE MINOR
REPRES ENTED BY HIS MINOR GUARD IAN NATURAL
FATHER SHRI SHI VANAND S/O BASA PPA KAMBLE,
AGE: 44 YEARS , OCC.: AGRI CULT URE, COOLIE,
R/O: NERLI-591 340, TA LUKA: HUKK ERI, DIST: BELAGAVI.
                                          -   APPELLANT
(BY SMT. SUNANDA P. PATIL, ADVOCATE)

AND:

1.     SHRI KUMAR S/O SATTEPPA MADANNAVAR,
       AGE: 40 YEARS, OCC.: BUSINESS, R/O BELLAD
       BAGEWADI-591 305, TALUKA: HUKKERI, DIST: BELAGAVI,
       (OWNER OF HF DELUX M/C NO.KA-49/R-8788).

2.    THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY
      ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, 2ND FLOOR,
      RAMDEV GALLI, BELAGAVI-590 001.
                                          -     RESPONDENTS

(BY SRI K.H. MOKASHI, ADVOCATE FOR R1, SRI. C.V. ANGADI, ADVOCATE FOR R2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT & AWARD DATED 22.03.2019 PASSED IN M.V.C. NO. 2156/2015 PASSED BY THE SR. CIVIL JUDGE & AMACT, HUKKERI, SITTING AT SANKESHWAR & ETC.

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 No.2-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 `35,000/-(Rupees thirty 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. Same

is accepted.

3. The appellant-claimant is a minor. Hence, the said

amount shall be invested in fixed deposit in any

Nationalized Bank for yielding interest in favour of the

appellant-claimant till he attains majority.

4. The Respondent No.2-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.

6. All pending IAs stand disposed off.

Sd/-

JUDGE

Sd/-

MEMBER bvv