Shri. Prakash S/O Rajappa ... vs Shri. Maruti S/O Ramappa Kumbar
2021 Latest Caselaw 6780 Kant

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      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. 101897 OF 2021 (MV)
            LOK ADALAT NO.1901/2021


BETWEEN

SHRI. PRAKASH S/O RAJAPPA BANDIWADDAR
AGE 35 YEARS,OCC. CLASS-III
CONTRACTOR,NOW NIL,
R/O BENCHINAMARADI,TQ. GOKAK,
DIST. BELAGAVI- 593107.
                                     ...APPELLANT
(BY SRI.SANTOSH S HATTIKATAGI, ADV.,)

AND

1 . SHRI. MARUTI S/O RAMAPPA KUMBAR
AGE 38 YEARS,
                             -2-




    OCC. CARPENTER WORK,
    R/O KOLAVI,
    TQ. GOKAK,
    DIST. BELAGAVI- 593107.

    2 . THE DIVISIONAL MANAGER
    THE NEW INDIA ASSURANCE CO. LTD,
    PATHAN BUILDING,
    1ST FLOOR,
    COURT ROAD,
    BYALIKATA-GOKAK,
    DIST. BELAGAVI-593107.
                                            ...RESPONDENTS

(BY SMT.SHARMILA M PATIL, ADV., FOR R2)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED 02.01.2021

PASSED IN MVC NO.131/2018 ON THE FILE OF THE V

ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,

PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION

AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK

ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Smt.Sharmila M Patil, learned counsel accepts notice for

respondent -Insurance Company.

2. The learned counsel for the appellant and the

representative of Respondent -Insurance Company along with its

counsel are present.

3. 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

Rs.1,18,000/- (Rupees one lakh eighteen 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.

4. The entire amount shall be released in favour of the

claimant.

5. 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.

6. 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

Vb/-