Shri.Sidrayi S/O.Durgappa Naik vs Shri.Sagar S/O.Gundu Parmake
2021 Latest Caselaw 6571 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. SUNIL DUTT YADAV
                          AND
             SRI.S.S. BADAWADAGI, MEMBER

                M.F.A.No.100777/2020 [MV]
                (Lok Adalat No.2056/2021)
BETWEEN:

SHRI. SIDRAYI S/ O DURGA PPA NAIK,
AGE: 28 YEARS , OCC.: MASON , R/ O: GOJA GA ,
TALUKA AND DIST : BELA GAVI-583 212.
                                          -       APPELLANT
(BY SMT. GEETA K.M, ADVOCATE)

AND:

1.     SHRI SAGAR S/O GUNDU PARMAKE,
       AGE: MAJOR, OCC; MASON, R/O NETAJI GALLI, HONAGA,
       TALUKA & DIST: BELAGAVI-590 010.

2.    THE DIVISIONAL MANAGER, BAJAJ ALLIANZ
      GENERAL INSURANCE COMPANY LTD., HAVING
      ITS DIVISIONAL OFFICE AT MADIWALE ARCADE,
      HASMI MANZIL, CLUB ROAD, BELAGAVI-590 001
      (INSURER OF HONDA ACTIVE MOTORCYCLE BEARING REGN.
      NO. KA22/ES6738) POLICY NO. OG1720471802-00010209
      VALID FROM 23.06.2016 TO 22.06.2017)
                                           -    RESPONDENTS

(BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD DATED 26.09.2019 PASSED IN M.V.C. NO. 2755/2017 PASSED BY THE XI ADDL. DISTRICT JUDGE AND AMACT, BELAGAVI & ETC.

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 No.2-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 `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. Same is accepted.

3. The said amount shall be released in favour of the

claimant.

4. The Respondent No.2-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.

6. Pending IAs, if any, also stand disposed off.

Sd/-

JUDGE

Sd/-

MEMBER bvv