Abdul-Rajaq @ Abdul-Rajak vs The Divisional Controller
2022 Latest Caselaw 4296 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.201560/2021 (MV)
                 Lok Adalat No.114/2022

Between:
Abdul-Rajaq @ Abdul-Rajak
S/o Khadarsab @ Khadarabasha Utnal @ Uthnala,
Age: 17 years, Occ: IX standard student and
also doing agriculture work,
Since presented by his father natural guardian
Sri. Khadarsab @ Khadarbasha S/o Davalsab @ Davalasab
Utnal @ Uthanal, Age: 37 Years, Occ: Agriculture,
R/o Asantapur, Tq. Sindagi, Now resident at
Shahapeth Galli, Vijayapura-586 101.
                                               ... Appellant
(By Sri.Bapugouda Siddappa, Advocate)

And:

The Divisional Controller,
N.E.K.R.T.C. Divisional Office,
Athani Road, Vijayapura-586 101.
                                             ... Respondent

(By Smt. Sangeeta Bhadrashetty, Advocate)

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 27.10.2021 passed in MVC No.412/2019 on the file of the Court of the III Additional Senior Civil Judge and Member Motor Accident Claims Tribunal No.XII Vijayapura At Vijayapura. And allow this appeal to grant the compensation amount by Rs.14,54,800/- 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

The learned counsel for the appellant/claimant and

the representative of Respondent-Corporation 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.75,000/- (Rupees Seventy Five

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. Entire amount shall be released in favour of

the claimant.

4. The Respondent-Corporation 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

SMP