Shri.Umakant Manjunath Naik vs Mr.Sitaram Keriya Gadig
2021 Latest Caselaw 6614 Kant

         HIGH COU RT LEGAL SERVICES COMMITT EE
                    DHARWAD B ENCH

                 B EFORE THE LOK ADALAT

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD B ENCH

       DATED THIS THE 18 T H DAY OF DECEMB ER, 2021

                 CONCILIAT ORS PRESENT

        T HE HON'B LE MR. J USTICE RAVI V.HOSMANI

                           AND

         SHRI MRU TYU NJAY T AT A B ANGI, MEMB ER


              M.F.A. NO.103338 / 2018 (MV)

                LOK ADALAT NO.1976/20 21

BETWEEN:

SRI UMAKANT MANJUNATH NAIK
AGE: 22 YEARS,
OCC: AGRICULTURIST
R/A: HINDABAIL,
POST SANTEGULI
TQ: KUMTA (UK)-581 325.

                                           ...APPELLANT

(BY SRI D.T.HEBBAR, ADVOCATE.)


AND:


1 .    MR.SITARAM KERIYA GADIG
       AGE: 40 YEARS, OCC: BUSINESS
       R/A: TARGOD, POST DIVALLI
       TQ: KUMKTA (UK)-581 325.
                              2




2.   THE MANAGER
     UNITED INDIA INSURANCE CO.LTD.,
     BENNE COMPLEX, GIBB HIGH SCHOOL ROAD
     TQ: KUMTA (UK)-581 325.

                                          ...RESPONDENTS

(BY SRI R.R.MANE, ADVOCATE FOR R2) (NOTICE TO R1-DISPENSED WITH.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,

1988, PRAYING TO MODIFY THE JUDGMENT AND

AWARD DATED 29.05.2018 PASSED IN MVC

NO.396/2016 ON THE FILE OF THE MEMBER,

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,

KUMTA, 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:

CON CILIATION 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

sum of Rs.40,000/-(Rupees Forty 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

HMB