Miss. Reshma D/O Hanamant ... vs Goussab Alisab Nandagad
2022 Latest Caselaw 4284 Kant

     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 MRS.JUSTICE K.S. HEMALEKHA
                       AND
     SMT. ANURADHA R.DESHAPANDE, MEMBER

            M.F.A.No.102051/2021 [MV]
             (Lok Adalat No. 331/2022)

BETWEEN:

1.   MISS. RESHMA D/O HANAMANT ARALIKATTI
     AGE. 21 YEARS,
     OCC. STUDENT
     R/O. JEEVAPUR
     TQ. SAUNDATTI
     NOW RESIDING AT BASAVA NAGAR,
     BAILHONGAL-591102
     DIST. BELAGAVI

                                     ... APPELLANT

(BY SRI. VIJAYKUMAR KOTIN.,ADVOCATE)

AND:

1.   GOUSSAB ALISAB NANDAGAD
                         2




     AGE.MAJOR,
     OCC. BUSINESS
     R/O. H.NO.671, NEAR KANNADA SCHOOL
     AT. POST. PARISHWAD
     TQ. KHANAPUR
     DIST. BELAGAVI-591131

     (OWNER OF TATA TRUCK BEARING NO.KA-22/B-
     6652)
2.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE CO.LTD.,
     KEDAR PATALKAR COMPLEX, 204/E
     STATION ROAD, KOLHAPUR-416001
     DIVISIONAL OFFICER, GANDHI BHAVAN
     MUDALAGI BUILDING,
     CLUB ROAD,
     BELAGAVI-590001

     (INSURER OF TATA BEARING NO.KA-22/B-6652
     POLICY NO.15120031160100002335 VALID
     FROM 25-08-2016 TO 19-07-2017)

                                ...RESPONDENT'S

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2 R1 NOTICE DISPENSED WITH)

MFA FILED UNDER SECTION 173 (1) OF THE INDIAN MOTOR VEHICLES ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2021 PASSED IN MVC NO.983/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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.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 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

Vmb