Laxman S/O Mahadevappa Khandekar vs T Samson S/O Daniel
2022 Latest Caselaw 4285 Kant

                           1




       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 12TH DAY OF MARCH, 2022

                CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                         AND

               SHRI J.S.SHETTY, MEMBER

             MFA NO.101848 OF 2021(MV)
                LOK ADALAT NO.425/2022

BETWEEN

LAXMAN S/O MAHADEVAPPA KHANDEKAR
AGE 23 YEARS, OCC PLUMBER,
R/O A/P KARADIKOPPA,
TQ HUBBALLI,
NOW AT RAYAPUR, DHARWAD.

                                         ...APPELLANT

(BY SRI.CHANDRASHEKHAR S NAGASHETTI, ADVOCATE)


AND

1) T SAMSON S/O DANIEL
   AGE 42 YEARS, OCC BUSINESS,
   R/O PLOT NO.92/95,
   NEW KANAYANAGAR,
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  BEHIND CHETANA COLONY,
  PHASE I, GADAG ROAD,
  HUBBALLI-580023

2. THE DIVISIONAL MANAGER
   THE ORIENTAL INSURANCE CO. LTD.,
   JANARDHAN ARCADE,
   JUBILEE CIRCLE,
   P.B. ROAD, DHARWAD.

                                            ...RESPONDENTS

(BY SRI.S.S.KOLIWAD, ADVOCATE FOR R2)

(R1-DISPENSED WITH)

MFA FILED U/S.173(1)OF MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED 24.12.2019

PASSED IN MVC NO.112/2018 ON THE FILE OF THE IV

ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR

ACCIDENT CLAIMS TRIBUNAL, DHARWAD, ALLOWING THE

PETITION FILED UNDER SECTION 166 OF THE MOTOR

VEHICLES ACT.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent No.2-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 No.2-Insurance Company has agreed to

pay a global compensation of Rs.1,50,000/- (Rupees one

lakh fifty 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 No.2-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.

Amount in deposit before this Court, if any, shall be

transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER

HMB