Citation : 2021 Latest Caselaw 6520 Kant
Judgement Date : 18 December, 2021
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 MRS.JUSTICE M.G.UMA
AND
MRS.ANURADHA DESHPANDE, MEMBER
M.F.A.NO.103605/2019 (MV)
(LOK ADALAT NO.1839/2021)
BETWEEN :
SHRI.DEVENDRA SIDDAPPA UCHAGAONKAR
AGE : 23 YEARS, OCC : SHEPHERD and AGRICULTURE,
(NOW NIL) R/O. KURBHAR GALLI,
HONNIHAL POST:BALEKUNDRI,
TQ and DIST:BELGAVI-590013
.... APPELLANT
(BY SMT.GEETHA K.M. @ PAWAR, ADV.)
AND :
1. SHRI.SIDRAI S/O.PIRAJI OBANNAGOL
AGE : 32 YEARS, OCC : TILES FITTER
R/O. MATH GALLI, MUTUGA,
TQ and DIST:BELGAVI-590013
2. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO.LTD.,
2ND FLOOR, DHAMANEKAR ARCADE
DR.B.R.AMBEDKAR ROAD, BELGAVI-590010
... RESPONDENTS
(BY SRI.S.K.KAYAKAMATH, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.06.2019 PASSED IN MVC NO.2/2018 ON THE FILE OF THE XI ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION 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.25,000/- (Rupees 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.
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
MBS/-
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