Shri.Narayan S/O Fakira Tarale vs Shri.Kedareshwar S/O Babanna ...
2021 Latest Caselaw 6604 Kant

                               1




           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 HEMANT CHANDANGOUDAR

                              and

              SRI LAXMAN T.MANTAGANI, MEMBER

     MISCELLANEOUS FIRST APPEAL NO. 102704 OF 2019 (MV)
                 LOK ADALAT NO.1700/2021

BETWEEN:
SHRI.NARAYAN S/O FAKIRA TARALE
AGE: 26 YEARS,
OCC: CENTERING (NOW NIL),
R/O: MOTIBAG GALLI,
AT MANUR VILLAGE,
POST: GOJAGE,
TQ AND DIST: BELAGAVI,
PIN CODE: 591128.
                                                 ...APPELLANT

(BY SRI. SANJAY S KATAGERI, ADVOCATE)

AND
1.     SHRI.KEDARESHWAR
       S/O BABANNA HUKKERI
       AGE: MAJOR, OCC: BUSINESS,
                             2




     R/O: #803, ANGOL EXTRN,
     C SCHEME, HINDU NAGAR,
     TILAKWADI, BELAGAVI,
     PIN CODE: 590006.
     (OWNER OF TRACTOR BEARING REGD
     NO.KA-22/T-1516 and TRAILER
     NO.KA-22/F-1517)

2.   THE DIVISIONAL MANAGER
     NEW INDIA ASSURANCE CO. LTD.,
     NO.3951/184/A,
     SHANBHAG PLAZA,
     FIRST FLOOR,
     BEHIND HOTEL SANMAN,
     NEAR GANDHI BHAVAN,
     COLLEGE ROAD, BELAGAVI,
     PIN CODE: 590001.
                                            ...RESPONDENTS

(BY SRI. S. S. KOLIWAD, ADVOCATE FOR R2; R1- NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.12.2017 PASSED IN M.V.C. NO.178/2017 ON THE FILE OF THE I-ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSTAION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT THE FOLLOWING ORDER IS PASSED:

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

No.2-Insurance Company has agreed to pay a global

compensation of Rs.2,25,000/- (Rupees Two 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. The same is

accepted.

3. The entire 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.

Sd/-

JUDGE

Sd/-

MEMBER yan