Citation : 2021 Latest Caselaw 6522 Kant
Judgement Date : 18 December, 2021
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.102515/2020 [MV]
(Lok Adalat No.2019/2021)
BETWEEN
SRI IRFAN S/O. MOHAMMAD ALI @ ZIMU
AGE : 22 YEARS,
OCC : BUSINESS AND STUDENT,
R/O : 2ND MAIN, JALINAGAR,
4TH CROSS, DAVANAGERE,
PRESENTELY R/O.ISLAMPUR ONI
RANEBENNUR, DIST : HAVERI-581115
.....APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADV.)
AND
1. SRI NAVEENKUMAR S/O. LAXMAN
AGE : MAJOR, OCC : BUSINESS OWNER OF
OMNI CAR KA-29/M-6057
R/O : HONDA CIRCLE,
2
NORTH SIDE KONDAJJI ROAD,
DAVANAGERE-577001
2. BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
VIVEKANAND CORNER, DESAI CROSS
CLUB ROAD, HUBBALLI
DIST : DHARWAD-580020
.....RESPONDENTS
(BY SRI S.K. KAYAKMATH, ADV. FOR R-2)
MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO.141/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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.1,40,000/-
(Rupees One Lakh Forty 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
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