Shabbir S/O Rajesab Shaik vs Kempanna Yamanappa Karabannavar
2021 Latest Caselaw 6794 Kant

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          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                  BEFORE THE LOK ADALAT

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BECNH

             ON 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.104321 OF 2019 (MV)
                 LOK ADALAT NO.1905/2021
BETWEEN:
SHABBIR S/O. RAJESAB SHAIK,
AGE.13 YEARS,
OCC: STUDENT, NOW NIL
R/BY NATURAL GUARDIAN MOTHER
MUTTAWWA RAJASAB SHAIK
AGE.38 YEARS, OCC: COOLIE,
R/O. VIDYA ANGAR, MUDALAGI,
TQ. GOKAK, DIST. BELAGAVI.
                                                ... APPELLANT
(BY SRI. BAHUBALI.N.KANABARGI, ADVOCATE)

AND
1.     KEMPANNA YAMANAPPA KARABANNAVAR,
       AGE.MAJOR, OCC. DRIVER,
       R/O. NAGANUR, TQ.GOKAK,
       DIST. BELAGAVI-591224.

2.     VASANT DUNDAPPA KADAPATTI,
       AGE.MAJOR, OCC. BUSINESS,
                                  2



      R/O. PATAGUNDI,
      TQ. GOKAK, DIST. BELAGAVI.

3.    THE DIVISIONAL MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      CLUB ROAD, BELAGAVI-590001.
                                                     ... RESPONDENTS

(BY SRI. RAJASHEKHAR ARANI, ADV., FOR R3; R1 & R2 - NOTICE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18/05/2019 IN MVC NO.2266/2017 PASSED BY THE SENIOR CIVIL JUDGE AND M.A.C.T., GOKAK PARTLY ALLOWING THE CLAIM PETITON AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL 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-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.80,000/- (Rupees Eighty 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-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% per annum from

the date of default, till the 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 yan