Imtiyaz S/O. Abdulrahiman ... vs Singam Maheswareddy S/O. ...
2022 Latest Caselaw 4297 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

 MISCELLANEOUS FIRST APPEAL NO.100459/2021 (MV)
            LOK ADALAT NO.2297/2021

BETWEEN:

SRI IMTIYAZ S/O. ABDULRAHIMAN KODAGANUR,
AGE. 33 YEARS, OCC. COOLIE,
R/O. HARTI, TQ AND DIST. GADAG.
                                       ...APPELLANT

(BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)


AND

1.    SINGAM MAHESWAREDDY S/O. SAMBASHIVAREDDY,
      AGE. 45 YEARS, OCC. BUSINESS,
      R/O.H.NO.13/912-A, 1ST ROAD,
      SANJEEV NAGAR, TADAPTRI-515411
      S.O.ANANTHAPUR (A P STATE).

2.    THE REGIONAL MANAGER,
      CHOLAMANDALAM M.S.GENERAL INSURANCE CO.LTD.,
      9/1 UNIT NO.4, 9TH FLOOR, LEVEL-6,
                             2




      GOLDEN HEIGHT COMPLEX, 59TH C-CROSS,
      INDUSTRIAL SUB URBAN, 4TH M-BLOCK,
      BENGALURU-560010.
                                      ...RESPONDENTS

(BY SRI SUBHASH J. BADDI, ADVOCATE FOR SRI S.K.KAYAKAMATH, ADV. FOR RESPONDENT NO.2) (SERVICE OF NOTICE TO RESPONDENT NO.1-DISPENSED WITH)

THIS M.F.A. IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIGYING THE JUDGMENT AND AWARD DATED 09.12.2019 PASSED IN MVC NO.167/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GADAG, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED 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.1,65,000/-

(Rupees one lakh sixty 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. 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.

Sd/-

JUDGE

Sd/-

MEMBER CKK