Shambu S/O Nagappa ... vs Mohamedsab S/O Jamalsab Sunkad
2021 Latest Caselaw 6603 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 MR. JUSTICE RAVI V.HOSMANI
                             AND
            SHRI MRUTYUNJAY TATA BANGI, MEMBER

       MISCELLANEOUS FIRST APPEAL NO.102351/2019 (MV)
                  LOK ADALAT NO.1929/2021

BETWEEN:

SHAMBU S/O NAGAPPA
KYATHANNANAVAR
AGE. 24 YEARS
OCC. AGRICULTURE AND BUSINESS
R/O KALLIHAL
TQ: DIST. HAVERI-581110

                                               ...APPELLANT.

(BY SHRI NAGARAJ APPANNANAVAR, ADVOCATE.)


AND:

1.   MOHAMEDSAB
     S/O JAMALSAB SUNKAD
     AGE. 50 YEARS
     OCC. OWNER OF THE MAHINDRA
     MAXI CAB REG.NO.KA-27/4722
     R/O AGADI
     TQ AND DIST. HAVERI-581110

2.   THE DIVISIONAL MANAGER
     SHRIRAM GENERAL INSURANCE
                                2




    CO.LTD., 4TH FLOWER,
    V.A. KALABURGI BUILDING
    DESAI CROSS, DESAPANDE NAGAR,
    HUBBALLI
    TQ. HUBBALLI, DIST. DHARWAD-580029

                                                ...RESPONDENTS.

(BY SHRI NAGARAL C. KOLLOORI, ADVOCATE, FOR R.2; R.1 - NOTICE DISPENSED WITH.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY JUDGMENT AND AWARD DATED 27.07.2018 PASSED IN MVC NO.168/2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, HAVERI, BY ENHANCING COMPENSATION, ETC.,.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

Learned counsel for claimant and representative of

Insurance Company along with its counsel are present.

2. After prolonged negotiations, matter is settled.

Claimant has agreed to receive and the Insurance Company

has agreed to pay a global compensation of Rs.75,000/-

(seventy-five thousand rupees 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

claimant.

4. Insurance Company has agreed to deposit the

said amount before 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. Miscellaneous First Appeal stands disposed of in

terms of Joint Memo. Award of Tribunal shall stand modified

accordingly. Draw up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER Mrk/-