Shri. Santosh S/O Fakirappa Nayak vs Mr. Mehboob S/O Abdulsudhan Mulla
2021 Latest Caselaw 6576 Kant

  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.103214/2017 (MV)
             (LOK ADALAT NO.1836/2021)

BETWEEN :

SHRI. SANTOSH S/O FAKIRAPPA NAYAK,
AGE: 21 YEARS,
OCC: FRUIT MERCHANT
R/O: PANT BALEKUNDRI, BELAGAVI,
TAL and DIST: BELAGAVI-591124.

                                         .... APPELLANT
(BY SRI.GURUKUMAR V.A., ADV.)

AND :

1.   MR. MEHBOOB S/O ABDULSUDHAN MULLA
     AGE: 31 YEARS, OCC: BUSINESS,
     R/O: H.NO. 458, JAMAT GALLI, SIDDIK NAGAR,
     PANT BALEKUNDRI, BELAGAVI,
     TAL and DIST: BELAGAVI-591124.
2.   THE ORIENTAL INSURANCE COMPANY LTD,
     BRANCH OFFICE AT 2ND FLOOR,
     DHAMANEKAR ARCADE, DR. B.R. AMBEDKAR ROAD,
     BELAGAVI, TAL and DIST: BELAGAVI-5900001.

                                       ... RESPONDENTS

(NOTICE TO R1 DISPENSED WITH) (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 13.07.2016 PASSED IN MVC NO.633/2015 ON THE FILE OF THE X-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER AMACT, 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.1,25,000/- (Rupees One Lakh

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/-