Shri.Goususab vs Shri. Abdulkhadarsab
2021 Latest Caselaw 6775 Kant

      HIGH COURT LEGAL SERVICES COMMITTEE,
                DHARWAD BENCH

               BEFORE THE LOK ADALATH

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

     DATED THIS THE 18 T H DAY OF DECEMBER, 2021

               CONCILIATORS PRESENT:

      HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                        AND
           SRI.S.S. BADAWADAGI, MEMBER

              M.F.A.No.101845/2020 [MV]
              (Lok Adalat No.1756/2021)
BETWEEN:

1.   SHRI: GOUS USAB S/O IMAMSAB,
     AGE: 43 YEARS , OCC: COOLIE,
     R/O; GENDLA , HOSUR ( P), TQ: SORABHA,
     DT: SHIVAMOGGA- 577 429.

2.   SHRI: MOHAMMED RAFIQ S/ O GOUS USAB,
     AGE: 22 YEARS , OCC: COOLIE,
     R/O; GENDLA , HOSUR ( P), TQ: SORABHA,
     DT: SHIVAMOGGA- 577 429.

3.   SHRI: SHABBIR S/ O GOUS USAB,
     AGE: 20 YEARS , OCC: COOLIE,
     R/O; GENDLA , HOSUR ( P), TQ: SORABHA,
     DT: SHIVAMOGGA- 577 429.

4.   KUMARI REHANA D/O GOUS USAB,
     AGE: 19 YEARS , OCC: HOUS EHOLD WORK,
     R/O; GENDLA , HOSUR ( P), TQ: SORABHA,
     DT: SHIVAMOGGA- 577 429.

5.   KUMARI SHAMIM D/O GOUS USAB,
     AGE: 18 YEARS , OCC: HOUS EHOLD WORK,
                                2




      R/O; GENDLA , HOSUR ( P), TQ: SORABHA,
      DT: SHIVAMOGGA- 577 429.
                                        -    APPELLANTS
(BY SRI. B.M. PATIL, ADVOCATE)

AND:

1.     SHRI: ABDULKHADARSAB S/O IMAMSAB,
       AGE: MAJOR, OCC: BUSINESS, R/O; GENDLA,
       HOSUR (P) , TQ: S ORABHA ,
       DT: SHIVAMOGGA- 577 429.
       (OWNER OF THE M OTORCYCLE BEARI NG
       ITS NO. KA-15/EA -2671) .

2.     THE DIVISIONAL MANAGER,
       NATIONAL INSURA NCE CO. LTD.,
       DIVISIONAL OFFICE, S.S . COM PLEX,
       B.H. ROAD , SHIVA MOGGA-577 201.

3.    THE BRANCH MAN AGER,
      NATIONAL INSURA NCE CO. LTD,
      BRANCH OFFICE, KRISHNA AGEN CY
      BUILDING, OPP. PANDIT HOS PITAL,
      P.B. ROAD , HAVERI-581 110.
      POLI CY NO. 610600311710010146
      VALID FROM 12.07.2017 TO 11.07.2018.
                                          -      RESPONDENTS

(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2 & R3, NOTICE TO R1 IS SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD DATED 26.09.2019 PASSED IN M.V.C. NO. 759/2018 PASSED BY THE MACT & PRL. SR. CIVIL JUDGE, HAVERI & ETC.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellants and the

representative of Respondent Nos.2 & 3-Insurance

Company along with its counsel are present.

2. After prolonged negotiations, the matter is settled.

The Appellants-claimants have agreed to receive and the

Respondents No.2 & 3-Insurance Company has agreed to

pay a global compensation of `7,00,000/-(Rupees seven

lakhs 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. Out of the said amount, 50% shall be invested in fixed

deposit in any nationalized bank in terms of the order of the

Tribunal and remaining 50% shall be released in favour of

the claimants as per the ratio fixed by the Tribunal.

4. The Respondents No.2 & 3-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.

6. Pending IAs, if any, also stand disposed off.

Sd/-

JUDGE

Sd/-

MEMBER bvv