Karnataka High Court
Sri. Mohammad Nijamul Hoda Alias ... vs M/S S.R.S. Travels on 18 December, 2021
Bench: Lok Adalath
1
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.101484 OF 2021 (MV)
LOK ADALAT NO.1906/2021
BETWEEN:
SRI. MOHAMMAD NAJMUL HODA
@ NAJUMLA SHAIKH
S/O. MOHAMMAD NOORUL HODA,
AGE: 35 YEARS,
OCC: PRIVATE ELECTRICAL WORK,
R/O. SHIVNERI NAGAR, LANE NO.16,
S.NO.58, NEAR ARFAT MAZZED,
KONDHWA KHURD, PUNE, MAHARASHTRA.
... APPELLANT
(BY SRI. ANJANEYA M., ADVOCATE)
AND
1. M/S. S.R.S. TRAVELS,
PROP. K.T. RAJASHEKARA,
AGE: MAJOR,
2
OCC: TRANSPORT BUSINESS,
R/O. NO.270, M.M. ADIGAL SALAI,
PONDICHERRY STATE.
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BENGALURU, DOI (670100)
CITY DIVISIONAL OFFICE,
PLOT NO.40, LAXMI COMPLEX,
K.R. ROAD, OPP. VANIVILAS HOSPITAL,
BENGALURU.
... RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV., FOR R2;
R1- NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND
AWARD DATED 02/03/2020 IN MVC NO.723/2018 PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL
M.A.C.T., RANEBENNUR 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:
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.6,70,000/- (Rupees Six Lakh 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.
3. Out of the enhanced compensation, 50% of the
amount shall be released in favour of the claimant and
remaining 50% of the amount is ordered to be kept in fixed
deposit in the name of claimant 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% 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
