Shashikanth vs Madhav And Anr
2022 Latest Caselaw 4273 Kant

      IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

      HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

                BEFORE THE LOK-ADALAT

         DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

         THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                          AND

                 SRI A. M. PATIL, MEMBER

               M.F.A.NO.200658/2020 (MV)

                LOK ADALAT NO.156/2022

BETWEEN:

SHASHIKANTH S/O SHARNAPPA DANDE
AGE: 31 YEARS OCC: PRIVATE SERVICE OF DISTRIBUTING
SWAP MACHINES TO THE BANKS NOW NIL
R/O: VILLAGE TALGHAT
TQ & DIST: BIDAR-585 401.
                                     ... APPELLANT

(BY SRI SHAMBULING S. SALEMATH, ADVOCATE)

AND:

01.    MADHAV S/O SHESHERAO
       AGE: MAJOR OCC: BUSINESS AND OWNER OF
       HERO SPLENDOR PLUS
       MOTORCYCLE BEARING NO.KA-56-H-5626
       R/O: VILLAGE ALGOOD TQ: BASAVAKALYAN
       DIST: BIDAR - 585 403.
                             2




02.     THE DIVISIONAL MANAGER
        THE NATIONAL INSURANCE COMPANY LTD.,
        OPP: MINI VIDHAN SOUDHA,
        KALABURAGI-585 102.

                                        ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. SUDARDHAN M., ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO CALL FOR THE RECORDS, TO MODIFY

THE JUDGMENT AND AWARD DATED 31.12.2019 PASSED

IN MVC.NO.68/2019 ON THE FILE OF THE II ADDITIONAL

DISTRICT AND SESSIONS COURT AND ADDL. MOTOR

ACCIDENT CLAIMS TRIBUNAL BIDAR SITTING AT

BASAVAKALYAN AND ALLOW THIS APPEAL TO GRANT THE

COMPENSATION AMOUNT BY RS.2,72,000/- ONLY AS

CLAIMED BY THE APPELLANT BEFORE THIS COURT AND

ETC.,

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellant and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand Only), in

addition to the compensation awarded by the Tribunal, in

full and final settlement of the claim of the claimant. A

Joint Memo is filed on behalf of the parties to that effect.

The same is recorded.

3. The insurer has agreed to deposit the said

amount before the Tribunal within six weeks from the date

of drawing of the 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.

4. The entire amount settled shall be released to

the appellant-claimant with proper identification of the

appellant - claimant.

5. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

stands modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER KJJ