Kumari.Taisin D/O Anwar Basha vs Sadik S/O Khasimsab
2021 Latest Caselaw 6781 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. RACHAIAH
                         AND
              SRI.M.C. HUKKERI, MEMBER

              M.F.A.No.101583/2020 [MV]
              (Lok Adalat No.1767/2021)

BETWEEN

KUMARI.TAISIN D/O ANWAR BASHA
AGE: 16 YEARS, MINOR: STUDENT,
MINOR GUARDIAN THROUGH NATURAL
FATHER ANWAR BASHA S/O HUSSAINSAB,
AGE: 43 YEARS, OCC: PRIVATE EMPLOYEE,
R/O HOSPET, DIST: BALLARI-583201.
                                          ...APPELLANT
(BY SRI NAGARAJ APPANNANAVAR, ADV.)

AND

1.      SADIK S/O KHASIMSAB,
        AGE: 33 YEARS,
        OCC: DRIVER OF TAVERA VEHICLE,
        BEARING REGN.NO. AP-05/W-0540,
        R/O KILLA AREA, GANGAVATHI,
        DIST: KOPPAL-583227
                            2




2.   RAJA S/O MASTANSAB,
     AGE: 45 YEARS,
     OCC: OWNER OF TAVERA VEHICLE
     BEARING REGN.NO. AP-05/W-0540,
     R/O GUNDAMMACAMP, GANGAVATHI
     DIST: KOPPAL-583227

3.   THE MANAGER,
     BAJAJ ALLIANZA GENERAL
     INSURANCE COMPANY LIMITED .
     4TH FLOOR, KALBURGI MANSION,
     OPPOSITE MUNICIPAL CORPORATION,
     LAMINGTON ROAD, HUBLI-580020
     DIST: DHARWAD
                                     ...RESPONDENTS

(BY SRI M.A. DESHPANDE & SRI. R.R.MANE, ADVS. FOR R-3, NOTICE TO R1 & R2 DISPENSED WTIH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.04.2019 PASSED IN MVC NO.328/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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-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 Rs.70,000/- (Rupees

Seventy 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. Out of the said amount, a sum of Rs.50,000/- is

ordered to be released in favour of the appellant-

claimant and the balance of Rs.20,000/- is ordered to

be deposited in any nationalized Bank for a period of

three years.

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

NAA