Hemsingh S/O Manu Rathod @ Mohan vs Gopal S/O Harishchandra And Anr
2022 Latest Caselaw 4267 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                           AND
               SRI K.A.KALBURGI, MEMBER

               M.F.A. No.201447/2021 (MV)
                 Lok Adalat No.125/2022

Between:
Hemsingh S/o Manu Rathod @ Mohan,
Age: 31 years, Occ: Agriculture, Now Nil,
R/o Thanu Nayak Thanda, Yergal,
Tq: Yadgir, Now residing at H.No.82/2,
Biddapur Colony, Kalaburagi.
                                              ... Appellant
(By Sri.Nagaraj Patil, Advocate)
And:
1.   Gopal S/o Harishchandra,
     Age: Major, Occ: Business,
     Owner of Auto No.KA-33/8244,
     R/o Village Yargol, Tq: & Dist: Yadgir-585 223.
2.    The Divisional Manager,
      United India General Insurance Co. Ltd.,
      Divisional Office, Opp: Sangam Talkies,
      Super Market, Kalaburagi-585 101.
                                           ... Respondents

(V/o dated 06.01.2022 notice to R1 is dispensed with; By Sri.Sanjay M.Joshi, Advocate for R2)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act praying to call for the records. To modify the judgment and award dated 16.10.2019 passed in MVC No.434/2018 on the file of II Addl. Senior Civil Judge at Kalaburagi. And allow this appeal by enhancing the compensation amount of Rs.12,90,000/- only as claimed by the appellant before this Hon'ble Court.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

Delay condoned.

2. The learned counsel for the appellant/claimant

and the representative of Respondent-Insurance Company

along with its counsel are present.

3. 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.1,66,000/- (Rupees One Lakh

Sixty Six 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.

4. Entire amount shall be released in favour of

the claimant.

5. 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.

6. 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

SMP