Noor Mahammed S/O. Sharifuddin vs Sadik S/O. Khasimsab
2021 Latest Caselaw 6499 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.101586/2020 [MV]
              (Lok Adalat No.1768/2021)

BETWEEN:

NOOR MAHAMMED S/O. SHARIFUDDIN
AGE: 26 YEARS, OCC: DRIVER,
R/O. MEHEBOOBNAGAR, GANGAVATHI,
DIST: KOPPAL.
                                         ...APPELLANT
(BY SRI. N.J. APPANNAVAR, ADVOCATE)

AND:

1.      SADIK S/O. KHASIMSAB
        AGE: 33 YEARS, OCC: DRIVER OF TAVERA VEHICLE
        BEARING REGN. NO.AP-05/W-0540,
        R/O. KOLLA AREA, GANGAVATHI,
        DIST: KOPPAL.

2.      RAJA S/O. MASTANSAB
        AGE: 45 YEARS, OCC: OWNER OF TAVERA VEHICLE
                            2




     BEARING REGN. NO.AP-05/W-0540,
     R/O. GUNDAMMACAMP, GANGAVATHI,
     DIST: KOPPAL.

3.   THE MANAGER,
     BAJAJ ALLIANZA GENERAL INSURANCE
     COMPANY LIMITED, 4TH FLOOR,
     KALBURGI MANSION, OPPOSITE MUNICIPAL
     CORPORATION, LAMINGTON ROAD,
     HUBLI, DIST: DHARWAD.
                                     ....RESPONDENTS

(BY SRI M.A. DESHPANDE & SRI R.R. MANE, ADVS. FOR R-3 NOTICE TO R-1 & R-2 DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 22.04.2019 PASSED IN MVC NO.331/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT 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.86,000/- (Rupees

Eighty Six 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

NAA