Shivanand S/O. Dundappa Pujeri vs Ayyub S/O. Imamsab Shaik
2021 Latest Caselaw 6505 Kant

                        -1-




        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 HEMANT CHANDANGOUDAR

                        AND

          SRI LAXMAN T.MANTAGANI, MEMBER

MISCELLANEOUS FIRST APPEAL NO. 100470 OF 2021 (MV)
            LOK ADALAT NO.2079/2021

  BETWEEN
  SHIVANAND S/O. DUNDAPPA PUJERI
  AGE. 38 YEARS,
  OCC. AGRICULTURE & MILK VENDING,
  R/O.DHAWALESHWAR,
  TQ.GOKAK
  DIST. BELAGAVI
  591329
                                         ...PETITIONER


  (BY SRI.BAHUBALI.N.KANABARGI, ADV.,)

  AND

  1 . AYYUB S/O. IMAMSAB SHAIK
  AGE. 46 YEARS,
  OCC. BUSINESS,
                           -2-




    R/O. H.NO.4741, WARD NO.6
    KAKAR GALLI,
    BELAGAVI
    TQ AND DIST. BELAGAVI
    591226

    2 . THE CHOLAMANDALAM
    GENERAL INSURANCE CO.LTD.,
    H.O. DARE HOUSE
    2ND FLOOR NO.2,
    NSC BHOSE ROAD,
    CHENNAI 600001
                                        ...RESPONDENTS

(BY SRI.SUBHASH BADDI, ADV,. FOR R2; NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED 03.10.2020

PASSED IN MVC NO.521/2015 ON THE FILE OF THE II

ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR

ACCIDENT CLAIMS TRIBUNAL, GOKAK, PARTLY ALLOWING THE

CLAIM PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK

ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Sir.Subhash Baddi, learned counsel accepts notice for

respondent No.2-Insurance Company.

2. The learned counsel for the appellant and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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.1,25,000/- (Rupees one lakh twenty five 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. The same is accepted.

4. The entire amount shall be released in favour of the

claimant.

5. 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.

6. 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

Vb/-