Sri.Mahantesh S/O Balappa ... vs Sri.Nagaraj S/O Pakirappa Bidari
2021 Latest Caselaw 6475 Kant

  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 MRS.JUSTICE M.G.UMA
                         AND
          MRS.ANURADHA DESHPANDE, MEMBER

              M.F.A.NO.101597/2019 (ECA)
              (LOK ADALAT NO.2006/2021)

BETWEEN :

SRI.MAHANTESH S/O BALAPPA HONNAKKALAVAR
AGE : 25 YEARS, OCC : DRIVER,
AT PRESENT NIL,
R/O: CHALAGERI, TQ : RANEBENNUR
DIST : HAVERI

                                           .... APPELLANT
(BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADV.)

AND :

1.   SRI.NAGARAJ S/O PAKIRAPPA BIDARI
     AGE : MAJOR, OCC : BUSINESS,
     R/O : UMA SHANKAR NAGAR,
     2ND CROSS, P B ROAD,
     RANEBENNUR - 581 115,
     TQ : RANEBENNUR, DIST : HAVERI
2.   THE DIVISIONAL MANAGER,
     ORIENTAL INSURANCE CO LTD
     ENKAY COMPLEX, KESHWAPURA,
     HUBBALLI - 580 023
     (INSURER OF THE CAR NO
     KA-27/M-8222)
     POLICY NO.471100/31/2014/1593.
     VALID FROM 10.06.2013 TO 09.06.2014
                                 2




                                            ... RESPONDENTS

(BY SRI.S.S.KOLIWAD, ADV. FOR R2, NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.10.2018, PASSED IN ECA.NO.07/2014, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION 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.1,90,000/- (Rupees One Lakh

Ninety 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

MBS/-