Nagesh S/O. Yanka Marathi vs Sri. Gajanan S/O. Vishweshwar ...
2021 Latest Caselaw 6778 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.101911/2021 [MV]
                (Lok Adalat No.1946/2021)
BETWEEN:

NAGESH S/ O YANK A MARATHI,
AGE: 43 YEARS , OCC.: CARPENTER, NOW NIL,
R/O KOD EMANE, T Q: YELLAPUR, DIS T: KARWAR.
                                         -   APPELLANT
(BY SRI. GIRISH HIREMATH, ADVOCATE)

AND:

1.     SRI GAJANAN S/O VISHWESHWAR DABLI,
       AGE: MAJOR, OWNER OF THE LORRY BEARING
       NO.KA-31/3058, R/O RAVINDRA NAGAR,
       TQ: YELLAPUR, DIST: KARWAR.

2.     NATIONAL INSURANCE CO. LTD.,
       BSINESS CENTER, GUM POOJA COMPLEX,
       K.B. ROAD, YELLAPUR.
                                            -   RESPONDENTS

(BY SRI. RAJESH B.R, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 CHALLENGING THE JUDGMENT AND AWARD

DATED 07.06.2021 PASSED IN M.V.C. NO. 472/2018 PASSED BY THE SR. CIVIL JUDGE & AMACT, HALIYAL & 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 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-Insurance Company has agreed to pay a global

compensation of `1,10,000/-(Rupees one lakh and ten

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 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.

6. All pending IAs stand disposed off.

Sd/-

JUDGE

Sd/-

MEMBER bvv