N. Venkateshwara Rao S/O ... vs Saddam Hussain S.S. S/O Dadapeer
2021 Latest Caselaw 6512 Kant

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          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BECNH

             ON 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.100268 OF 2021 (MV)
                 LOK ADALAT NO.1706/2021

BETWEEN:
N. VENKATESHWARA RAO
S/O. SATYANARAYANA,
AGE: 42 YEARS,
OCC: AGRICULTURIST CUM MILK VENDOR,
R/O: GOPALAPURA CAMP,
BAILUR VILLAGE,
BALLARI TQ AND DISTRICT-583101.

                                            ... APPELLANT
(BY SRI. MANJUNATH JADAI, ADVOCATE)

AND
1.      SADDAM HUSSAIN S.D.
        S/O. DADAPEER,
        AGE: 23 YEARS,
        DRIVER OF MARUTHI SWIFT DZIRE CAR
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     BEARING NO.KA-34/N-1348,
     R/O. HULIGEMMA DRIVING SCHOOL,
     OPP. RTO OFFICE,
     AISHWARYA COLONY,
     CANTONMENT, BALLARI-583101.

2.   DADAPEER S/O. LATE SUBHAN SAB,
     AGE: 57 YEARS,
     OWNER OF MARUTHI SWIFT DZIRE CAR
     BEARING NO.KA-34/N-1348,
     R/O GOLDSMITH COLONY,
     AISHWARYA COLONY,
     CANTONMENT, BALLARI-583101.

3.   THE BRANCH MANAGER,
     M/S. NEW INDIA ASSURANCE CO. LTD.,
     EDIGA HOSTEL COMPLEX,
     BALLARI-583101.

                                          ... RESPONDENTS

(BY SRI. G. N. RAICHUR, ADV., FOR R3; R1 & R2- NOTICE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 25/11/2019 IN M.V.C.NO.479/2017 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-XII BALLARI PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:

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.50,000/- (Rupees Fifty 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.

3. The entire 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% per annum from

the date of default, till the 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 yan