Shri. Ganesh S/O. Hanumantsa ... vs Sri. Sadanand S Mudigoudar
2021 Latest Caselaw 6494 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 MR. JUSTICE RAVI V.HOSMANI
                            AND
           SHRI MRUTYUNJAY TATA BANGI, MEMBER

     MISCELLANEOUS FIRST APPEAL NO.100945/2021 (MV)
                LOK ADALAT NO.1682/2021
BETWEEN:

GANESH S/O. HANUMANTASA PAWAR
AGE 39 YEARS, OCC NIL
R/O. MULLA ONI,
DAKAPPA CIRCLE, HUBBALLI

                                              ...APPELLANT.

(BY SHRI ANJANEYA M, ADVOCATE.)
AND:


1 . SADANAND S MUDIGOUDAR
    AGE 52 YEARS, OCC BUSINESS,
    R/O. LIG H.NO. 92, GANDHI NAGAR,
    GOKUL ROAD, HUBBALLI-5800032

2 . THE DIVISIONAL MANAGER
    UNITED INDIA INSURANCE CO. LTD.,
    R.O TP HUB, ENKEY COMPLEX,
    KESHAPUR, HUBBALLI-580029

                                           ...RESPONDENTS.

(BY SHRI C.V.ANGADI, ADVOCATE, FOR R.2; R.1 - NOTICE SERVED.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY JUDGMENT AND AWARD DATED 21.10.2017 PASSED IN MVC NO.994/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, 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.40,000/- (forty

thousand 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/-