Nagaraj Ira Naik vs Sujit Alva S/O. A Krishna Alva
2022 Latest Caselaw 9645 Kant

       HIGH COU RT LEGAL SERVICES COMMITT EE
                  DHARWAD B ENCH

                B EFORE THE LOK ADALAT

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD B ENCH

       DATED THIS THE 25 T H DAY OF JU NE, 2022

                CONCILIAT ORS PRESENT

        THE HON'B LE MR. JUSTICE M.G.S.KAMAL

                          AND

               SHRI M.C.HU KKERI, MEMB ER

              MFA NO.100155 OF 2022 (MV)
               LOK ADALAT NO.560/ 20 22

BET WEEN:

NAGARAJ IRA NAIK,
S/O. IRA NAIK,AG ED AB OUT 37 YEARS
OCC. DRIVER,R/O. MANJUNATH COLONY,
GANESH NAGAR, SIRS I,
UTT ARA KANNADA DISTR ICT-5814 01.
                                            ...APPELLANT

(BY SMT.V.VIDYA., ADVOCATE)

AND:

1. SUJIT ALVA S/O. A KRISHNA ALVA,
R/O. YETHAMOGARU GUT HU HOU SE,
POST KANDAVARA,MANGALU RU-574151

2. ORIENTAL INSU RANCE CO. LTD,
CB O 1, MANGALURU ,KRISHNAPRASAD BU ILDIN G
3RD FLO OR,M.G. ROAD,LAL B HAG, MANGALU RU -5750 03
REPRES ENTED BY ITS DIV IS IONAL
MANAGER

                                         ...RESPONDENTS

(BY SRI.M.Y .KATAGI, ADVOCATE FO R R2;

NOTICE TO RESPONDENT NO.1 DISP ENSED WITH)

THIS MFA FILED U /S.173 ( 1) OF M OTOR VEHICLES ACT, 1988, AGA IN ST THE JUDGMENT AND AWARD DAT ED 30.03.2021 PASS ED IN MVC NO.514/ 2018 ON THE FIL E OF T HE SENIOR CIVIL JU DGE AND ADDITIONAL MO TOR ACCIDENT CLAIMS TRIB UNAL, SIRSI, PARTLY ALLOWING THE CLAIM PET IT ION FOR COMPENS AT ION AND SEEK ING ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR CONCILIAT ION B EFORE LOK ADALAT AFTER BEING REFFER ED B Y THE COURT, THE FOLLOWING CONCIL IAT ION 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.20,000/- (Rupees Twenty

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 VB/-