Shivanand S/O Suresh Lamani vs A.Mahadeva Naik S/O Ramanna Naik
2021 Latest Caselaw 6782 Kant

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 MRS.JUSTICE M.G.UMA
                         AND
          MRS.ANURADHA DESHPANDE, MEMBER

               M.F.A.NO.101540/2020 (MV)

               LOK ADALAT NO.1715/2021
BETWEEN :

SHIVANAND S/O SURESH LAMANI
AGE : 23 YEARS,
OCC: STUDENT CUM-PRIVATE SERVICVE,
R/O: AT POST RAYAPUR,
TQ: DIST: DHARWAD
                                           ... APPELLANT
(BY SRI C.S.NAGASHETTI, ADV.)

AND :

1.      A.MAHADEVA NAIK S/O RAMANNA NAIK
        AGE:MAJOR, OCC: BUSINESS,
        R/O C/O M/S RAMVIJAY TRAVELS,
        DESAI ROAD, VIVEKNAND CORNER,
        HUBBALLI-580 020.

2.    THE DIVISIONAL MANAGER
      THE ORIENTAL INSURANCE COMPANY LTD,
      JANARDHAN ARCADE, JUBILEE CIRCLE,
      P.B. ROAD, DHARWAD-580001.
                                        ... RESPONDENTS

(NOTICE TO RESPONDENT NO.1 : DISPENSED WITH) (BY SRI G.N.RAICHUR, ADV. FOR R.2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.05.2018 PASSED IN MVC NO.713/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD. 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:

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.65,000/- (Rupees

Sixty five 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

EM