Sri. Bhima S/O. Maruti Patil @ ... vs Mallikarjun Siddappa Handigund
2022 Latest Caselaw 9646 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

              M.F.A. NO.101345 /2021 (MV)
               LOK ADALAT NO.579/ 20 22


BET WEEN:


SRI. BHIMA
S/O. MARUTI PAT IL @ KALLIMANI
AGE. 60 YEARS,
OCC. AGRICULTU RE & MILK VENDING
(NOW NIL),
R/O. B EDKIHAL VILLAGE,
TAL. CHIKODI,
DIST. B ELAGAVI- 590001,
PRESENT LY AT KAKATI,
TAL AND DIST. B ELAGAV I-590001
                                            ...APPEL LANT

(BY SRI. RAJENDRA R PATIL, ADVOCAT E)


AND:


1.     MALLIKARJUN SIDDAPPA HAND IGU ND
       AGE. 40 Y EARS,
       OCC. BUSINESS,
                                2



      R/O. GURLAPUR,
      TAL. GOKAK,.
      DIST. B ELAGAVI- 590001


2.    THE NEW INDIA A SSURANCE CO. LTD.,
      THROUGH ITS DIVIS IONA L MANAGER,
      DIV IS IONAL OFFICE,
      CLUB ROAD,
      B ELAGAVI- 590001 .

                                                ...RESPONDENTS

(BY SRI.R R MANE, ADVOCAT E FOR R2; SRI.H.R.LATU R, ADV. FOR R1)

THIS MFA IS F ILED UNDER SECT ION 173 ( 1) OF

MOTOR VEH ICLES ACT, 1988, AGA INST THE JUDGMENT

AND AWARD DATED 31.12. 2019 PASS ED IN MVC

NO.152/ 20 18 ON THE FIL E OF THE X ADDIT IONAL

DISTR ICT AND MEMB ER, ADDITIONAL MOTOR ACCIDENT

CLAIMS TR IB U NAL, B ELAGAV I, PA RT LY ALLOWING THE

CLAIM PET IT ION FOR COMPENSA TION AND S EEK 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.1,25,000/- (Rupees one lakh

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. 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 Rsh