Shri. Yashawant S/O. Gurushant ... vs Shri. Balaji Transfort Lines Ltd
2021 Latest Caselaw 6792 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.100738/2020 (MV)
                   Lok Adalat No.2073/2021

BETWEEN

SHRI. YASHAWANT
S/O. GURUSHANT PATIL,
AGE: 42 YEARS,
OCC: MASONRY-CUM-AGRICULTURE
(NOW NIL),
R/O: KENGANUR,
TQ: BAILHONGAL-591102,
DIST: BELAGAVI.
                                                 ...APPELLANT

(BY SRI. MADANMOHAN M KHANNUR, ADVOCATE)

AND

1. SHRI. BALAJI TRANSFORT LINES LTD.,
   SAGSAR COMPLEX GR. FLOOR NO. 6/18
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  R/O: S.NO. 561/12,
  OPP. EXCISE OFFICE MOTHI
  DAMAN, MOTI DAMAN
  GUJARAT -396220,
  BY ITS PROPRIETOR.

2. THE DIVISIONAL MANAGER,
   THE NEW INDIA ASSURANCE CO.
   LTD., NEW INDIA CENTER
   (131000) NEW INDIA CENTER,
   12TH FLR 17-A CO-OPERAGE
   MUMBAI-MAHARASHTRA-400039
   THROUGH ITS
   DIVISIONAL OFFICE,
   SOMESHWAR HEIGHTS
   OPP TO OLD DSP OFFICE,
   P.B.ROAD, DHARWAD-580008.
                                        ...RESPONDENTS

(BY SRI. R.S.ARANI, ADVOCATE FOR R2 )

(NOTICE TO R1 DISPENSED WITH)

MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2020 PASSED IN MVC NO.1930/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNALBAILHONGAL, 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

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

No.2-Insurance Company has agreed to pay a global

compensation of Rs.,125,000/- (Rupees One Lakh Twenty 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. The same is

accepted.

3. The entire 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.

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

Kms