Citation : 2021 Latest Caselaw 6493 Kant
Judgement Date : 18 December, 2021
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 RAVI V.HOSMANI
AND
SHRI MRUTYUNJAY TATA BANGI, MEMBER
MISCELLANEOUS FIRST APPEAL NO.101005/2021 (MV)
LOK ADALAT NO.1938/2021
BETWEEN:
LAGAMAPPA S/O. SATTEPPA GORALI
AGE 58 YEARS, OCC AGRICULTURE,
NOW NIL,
R/O. H.NO. 1/19
CHIKKALADINI VILLAGE
HUKKERI, DIST BELAGAVI
...APPELLANT.
(BY SHRI HANAMANT R LATUR, ADVOCATE.)
AND:
1. DUNDAPPA S/O. KADAPPA RAMAPURI
AGE 41 YEARS, OCC BUSINESS,
R/O. BASAPUR VILLAGE
TQ HUKKERI, DIST BELAGAVI
2. THE UNITED INDIA INSURANCE
CO. LTD.,
R/BY ITS DIVISIONAL MANAGER
MARUTI GALLI, BELAGAVI
TQ AND DIST BELAGAVI
...RESPONDENTS.
(BY SHRI R.R.MANE, ADVOCATE, FOR R.2; R.1 - NOTICE DISPENSED WITH.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY JUDGMENT AND AWARD DATED 16.04.2021 PASSED IN MVC NO.1453/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ENHANCING COMPENSATION, ETC.,.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
Learned counsel for claimant and representative of
Insurance Company along with its counsel are present.
2. After prolonged negotiations, matter is settled.
Claimant has agreed to receive and the Insurance Company
has agreed to pay a global compensation of Rs.1,00,000/-
(one lakh rupees 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
claimant.
4. Insurance Company has agreed to deposit the
said amount before 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. Miscellaneous First Appeal stands disposed of in
terms of Joint Memo. Award of Tribunal shall stand modified
accordingly. Draw up the award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER Mrk/-
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