Sri.Fakira S/O Bhavaku Chougule vs Sri.Sudhir S/O Kishor @ Kushappa ...
2021 Latest Caselaw 6529 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.101922/2019 [MV]
                (Lok Adalat No.1765/2021)

BETWEEN:

SRI.FAKIRA S/O BHAVAKU CHOUGULE
AGE: 37 YEARS,
OCC: MASON AND
AGRICULTURE, NOW NIL,
R/O: MARAGAI GALLI,
SULAGA (U),
PIN: 590004,
TQ and DIST: BELAGAVI.       ... APPELLANT

(BY SRI. HANAMANT R LATUR, ADV.)

AND

      1. SRI.SUDHIR S/O     KISHOR   @   KUSHAPPA
      KANGRALKAR
      AGE: 40 YEARS,
      OCC: BUSINESS,
                        2




      R/O: H.NO.442,
      3RD CROSS,
      NAZAR CAMP,
      VADAGAON,
      BELAGAVI-590004,
      TQ and DIST: BELAGAVI.

2 .   THE DIVISIONAL MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE CO.
      LTD.,
      HAVING ITS DIVISIONAL OFFICE AT
      MADIWALE ARCADE,
      CLUB ROAD,
      BELAGAVI-590003,
      TQ and DIST: BELAGAVI. ...RESPONDENTS

(BY SRI.M.A.DESHPANDE, ADV. & SRI. G.N.RAICHUR, ADV. FOR R2 R1 NOTICE DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2018 PASSED IN MVC NO.1460/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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.1,00,000/-

(Rupees One lakh 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

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