Mallik @ Muktiyarahmad vs Babajan S/O Mohammedyusuf ...
2021 Latest Caselaw 6480 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. RACHAIAH
                      AND
           SRI.M.C. HUKKERI, MEMBER

           M.F.A.No.100432/2019 [MV]
            (Lok Adalat No.1764/2021)

BETWEEN:

MALLIK @ MUKTIYARAHMAD
S/O NAZEERAHMAD JAVALI,
AGE:20 YEARS, OCC:HAMALA,
NOW NIL,
R/OSAVANUR 581118,
DIST:HAVERI
                                   ...APPELLANT
(BY SRI HARISH S MAIGUR, ADV.)


AND

1.    BABAJAN S/O MOHAMMEDYUSUF PATWEGAR
      AGE:MAJOR, OCC:BUSINESS,
      R/OLAXAR BAZAR, SAVANUR 581118,
      DIST:HAVERI
                            2




2.   THE AUTHORIZED SIGNATORY,
     BAJAJ ALLIANZ GENERAL INSURANCE
     CO LTD.,
     KABURGI NOOLVI MAGESTIC,
     1 S T FLOOR, NEW COTTON MARKET,
     HUBBALLI 580029,
     DIST:DHARWAD
                                ...RESPONDENTS

(BY SRI SURESH S GUNDI, 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 27.10.2018 PASSED IN MVC NO.68/2017 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCMENT OF COMPENSATION.

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.2,70,000/-

(Rupees Two Lakh Seventy 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

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