Mohammad Sharif S/O Meerasab ... vs Girish S R S/O N A
2021 Latest Caselaw 6497 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.100795/2021 [MV]
                (Lok Adalat No.1947/2021)
BETWEEN:

MOHAMMAD SHARIF S/O MEERASAB TEREDAHALLI,
AGE: 37 YEARS , OCC.: PRIVATE W ORK,
R/O. ISLAMPUR, N EAR VEENA TALKIES,
RANEBENNUR, DIS T: HAVERI .
                                          -    APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1.     GIRISH S.R S/O N.A, AGE: 43 YEARS,
       OCC.: TRANSPORT BUSINESS,
       MADHURI MOTORS, DHAVALAGIRI BADAVANE,
       MALAPPANAHATTI ROAD, CHITRADURGA-577 502
       (OWNER OF THE PRIVATE BUS NO.KA-22/B-3942).

2.     THE DIVISIONAL MANAGER,
       NATIONAL INSURANCE CO. LTD.,
       REGIONAL OFFICE, 2ND FLOOR,ARIHANT PLAZA,
       KUSUGAL ROAD, HUBBALLI-580 023.
       (OWNER OF THE PRIVATE BUS NO.KA-22/B-3942)
       (POLICY NO. 610301311610002351)
       (VALID FROM 11.03.2017 TO 10.03.2018)
                                2




                                             -     RESPONDENTS

(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD DATED 22.01.2021 PASSED IN M.V.C. NO. 259/2019 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR & 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 `80,000/-(Rupees eighty 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 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.

Sd/-

JUDGE

Sd/-

MEMBER bvv