Citation : 2022 Latest Caselaw 4280 Kant
Judgement Date : 12 March, 2022
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12 T H DAY OF MARCH, 2022
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
AND
SRI.S.S. BADAWADAGI, MEMBER
M.F.A.No.100532/2022 [MV]
(Lok Adalat No.28/2022)
BETWEEN:
SRI. SIDDU S/O MANAPPA PATTAR,
AGE: 29 YEARS, OCC: PAINTER (NOW NIL),
R/O: MANNUR, TQ: B.BAGEWADI,
DIST: VIJAYAPUR, NOW AT MADIHAL,
DHARWAD-580002.
...APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
1. SRI. AAMARESH S/O REDDER,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MATTUR, TQ: LINGASUR,
DIST: RAICHUR-584122.
2
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
HUDDAR COMPLEX, 1ST FLOOR,
STATION ROAD, OPP: HEAD POST OFFICE,
DHARWAD-580001.
....RESPONDENTS
(BY SRI.RAJESH B. RAJANAL AND SRI. S.S.KOLIWAD ADVOCATES FOR R2)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR
THE RECORDS HEAR THE PARTIES AND MAY KINDLY BE
MODIFIED THE JUDGMENT AND AWARD DATED
23.07.2021 BY ENHANCING THE COMPENSATION IN MVC
No.865/2018 PASSED BY THE I ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL M.A.C.T, DHARWAD, BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF
EQUITY.
THE APPEAL BEING REFERRED TO LOK ADALAT,
COMING ON FOR CONCILIATION, THIS DAY, THE LOK
ADALAT PASSED THE FOLLOWING:
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.1,10,000/-
(Rupees One Lakh Ten 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 shall 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
AC
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