Shri. Dadasab vs Shri. Ashwin Vinod Bin Vinod ...
2021 Latest Caselaw 6579 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.104457/2019 (MV)
               (LOK ADALAT NO.1727/2021)

BETWEEN :

SHRI. DADASAB
S/O. MALIKJAN ARAB
AGE: 34 YEARS, OCCU: MECHANIC WORK,
R/O: HIREKODI, TQ: CHIKODI,
DIST: BELAGAVI-593107

                                             .... APPELLANT
(BY SRI.SANTOSH S.HATTIKATAGI, ADV.)

AND :

1.      SHRI. ASHWIN VINOD BIN VINOD KUROOP
        AGE: MAJOR, OCC: BUSINESS,
        R/O: SOUTH PERUNNA, P.O. CHANGCHARYA KOTTAYAM,
        STATE: KERALA-686102
2.      THE MANAGER
        RELIANCE GENERAL INSURANCE COMPANY LIMITED,
        19, RELIANCE CENTRE, WALCHAND,
        HIRACHAND ROAD, BALLARD ESTATE,
        MUMBAI, MAHARASHTRA-400001

                                          ... RESPONDENTS

(BY SRI.G.N.RAICHUR & SRI.S.V.YAJI, ADVS. FOR R2, R1 NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.08.2019 PASSED IN MVC NO.1959/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR VEHICLES 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.20,000/- (Rupees Twenty

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/-