Sri Hanamant S/O Pulakeshi vs Harish S/O Basavegouda
2021 Latest Caselaw 6786 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. 101828 OF 2021 (MV)
          LOK ADALAT NO.1899/2021

BETWEEN

SRI HANAMANT S/O PULAKESHI AINAPUR,
AGE 38 YEARS,
OCC-AGRICULTURE CUM COOLIE,
R/O BAIRANAHATTI
TQ-HUBBALLI
DIST-DHARWAD
                                         ...APPELLANT

(BY SRI. ANJANEYA M, ADV.,)

AND

1 . HARISH S/O BASAVEGOUDA
AGE 43 YEARS,
OCC-BUSINESS
R/O H.NO 814,
                           -2-




    AMIN COMPOUND
    WADABANDESHWARA THOTTAN
    MALPE,UDUPI

    2. THE MANAGER,
    SHRIRAM GENERAL
    INSURANCE CO.,
    LTC., E-8, EPIP,
    SITAPURA INDUSTRIAL AREA,
    JAIPUR, RAJASTHAN,
    R/BY ITS INCHARGE MANAGER,
    BRANCH OFFICE,
    DESAI CROSS, HUBBALLI.
                                           ...RESPONDENTS

(BY SRI.S.K.KAYAKMATH, ADV., FOR R2;

NOTICE TO R1 DISPENSED WITH)

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

AGAINST THE JUDGMENT AND AWARD DATED 02.12.2020

PASSED IN MVC NO.532/2018 ON THE FILE OF THE PRINCIPAL

SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT

CLAIMS TRIBUNAL, HUBBALLI, 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

Sir.S.K.Kayakmath, 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.2,70,000/- (Rupees two laksh 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. 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/-