Abdul Karim S/O Nabisab Killedar vs Basappa S/O Bhimappa Aiholi
2022 Latest Caselaw 9640 Kant

       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

              BEFORE THE LOK ADALAT

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 25 T H DAY OF JUNE, 2022

               CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE M.G.S.KAMAL
                       AND
            SHRI M.C.HUKKERI, MEMBER

             M.F.A. NO.100888/2022 (MV)
              LOK ADALAT NO.573/2022

BETWEEN:

1.   ABDUL KARIM S/O NABISAB KILLEDAR
     AGE. 41 YEARS,
     OCC. AGRICULTURE COOLIE,
     R/O. A/P. ITIGATTI,
     TQ. DHARWAD

                                          ...APPELLANT

(BY SRI. CHANDRASHEKHAR S NAGASHETTI, ADV.)



AND:

1.   BASAPPA S/O BHIMAPPA AIHOLI
     AGE. 48 YEARS,
     OCC. BUSINESS,
     R/O. H.NO.72,
     KHB COLONY,
     SADHANKERI,
     DHARWAD-580006.
                              2




2.    THE DIVISIONAL MANAGER
      THE ORIENTIAL INSURANCE COMPANY LIMITED,
      1ST FLOOR,
      SHREE AVENUE COMPLEX,
      HALLIKERI CHAWL,
      OPPOSITE DHO OFFICE,
      K C PART ROAD,
      DHARWAD.

                                            ...RESPONDENTS

(BY SRI.N.R.KUPPELUR, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

THIS MFA FILED UNDER SECTION 173(1)OF MOTOR

VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED

10.12.2019 PASSED IN MVC NO.84/2019 ON THE FILE OF

THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF

JUDICIAL MAGISTRATE, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT

OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT AFTER BEING REFFERED BY THE

COURT, THE FOLLOWING CONCILIATION 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.55,000/- (Rupees fifty 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. Same is accepted.

3. The said amount to 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% p.a. from

the date of default, till the date of 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 KGK