Shri. Ramchandra S/O Subbarao ... vs Shri. Laxman S/O Parshuram ...
2021 Latest Caselaw 6805 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.103319/2018 (MV)
                  Lok Adalat No.1917/2021

BETWEEN

SHRI. RAMCHANDRA, S/O SUBBARAO GANIGA
AGE 58 YEARS, OCC: TEA STALL
(NIL BEFORE THE TRIBUNAL),
R/O H.NO.69, NEHRU NAGAR, BELAGAVI
PIN CODE 590017.                                ...APPELLANT

(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

AND

1. SHRI. LAXMAN
   S/O PARSHURAM NANDAVADEKAR
   AGE: MAJOR, OCC: BUSINESS,
   R/O.H.NO.577, 5TH CROSS RAM NAGAR,
   (PATIL MALA), KANGRALI K.H.
   TALUKA AND DIST:BELAGAVI
   PIN CODE:590013
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2. THE DIVISIONAL MANAGER
   THE NEW INDIA ASSURANCE CO LTD.,
   MARUTI GALLI, BELAGAVI
   PIN CODE 590002.                                    ...RESPONDENTS

(BY SMT. SHARMILA M.PATIL, ADVOCATE FOR R2) (R1 - SERVED )

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.6.2018 PASSED IN MVC NO.809/2016 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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.25,000/- (Rupees 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