Shri.Rajendra S/O Bharmu Upadhye vs Shri.Anil S/O Ganapati Yadav
2021 Latest Caselaw 6592 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.103454/2019 (MV)
             (LOK ADALAT NO.2017/2021)
BETWEEN :

SHRI.RAJENDRA S/O BHARMU UPADHYE
AGE.47 YEARS, OCC. NOW NIL
R/O GALATAGA-591 219, TQ. CHIKKODI,
DSIT. BELAGAVI.
                                            ... APPELLANT
(BY SRI CHETAN MUNNOLI, ADV.)

AND :

1.      SHRI ANIL S/O GANAPATI YADAV
        AGE.56 YEARS, OCC. AGRICULTURE,
        R/O PUTANAVADI,
        HAMLET OF KHADAKLAT-591 228,
        TQ. CHIKKODI, DIST. BELAGAVI.

2.    THE BRANCH MANAGER,
      THE ORIENTAL INSURANCE COMPANY LTD.,
      ASHOK NAGAR, TAL. NIPPANI,
      DIST. BELAGAVI.
                                       ... RESPONDENTS

(BY SMT.ARUNA DESHPANDE, ADV. FOR R.2)

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED

01.03.2019 PASSED IN MVC NO.1053/2014 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT CHIKODI, 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.35,000/- (Rupees

Thirty 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

EM