Shankar S/O Ravi Channalli vs S K Jaan Ahmad S/O Mahaboob Subhani ...
2022 Latest Caselaw 4302 Kant

      IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

      HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

                BEFORE THE LOK-ADALAT

         DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                         AND

               SRI A. M. PATIL, MEMBER

              M.F.A.NO.200637/2021 (MV)

               LOK ADALAT NO.163/2022

BETWEEN:
SHANKAR S/O RAVI CHANNALLI
AGE: 36 YEARS OCC: DRIVER
R/O: YERAMARUS CAMP, RAICHUR             ... APPELLANT

(BY BABU H. METAGUDDA, ADVOCATE)

AND:
01.    S.K.JAAN AHMAD S/O MAHABOOB SUBHANI
       AGE: 47 YEARS OCC: DRIVER
       R/O: HOUSE NO.2-51-2, DHARANIKOTA AMARAVATI
       GUNTUR - 522 020.
02.    NAVATHA ROAD TRANSPORT
       REPRESENTED BY ITS MANAGING PARTNER
       RAVIKUMAR
       R/O: P.B.NO.912, BOSE BUILDING
       KANURU PENAMALLUR,
       KRISHNA (A.P.) - 504 001.
                                 2




03.    THE BRANCH MANAGER
       NATIONAL INSURANCE CO. LTD.,
       NEAR SURAKSHA HOSPITAL BASAVESHWAR ROAD,
       RAICHUR - 584 101.

                                               ... RESPONDENTS

(NOTICE TO R1 AND R2 IS DISPENSED WITH BY SRI. SANJAY M. JOSHI, ADVOCATE FOR R3)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO CALL FOR THE RECORDS IN

MVC.NO.216/2018 ON THE FILE OF THE II ADDITIONAL

DISTRICT AND SESSIONS JUDGE AND MACT, RAICHUR

AND ALLOW THIS APPEAL AND MODIFY THE JUDGMENT

AND AWARD DATED 24.06.2020 PASSED IN

MVC.NO.216/2018 BY THE II ADDITIONAL DISTRICT AND

SESSIONS JUDGE AND MACT AT RAICHUR AND

ENHANCING THE COMPENSATION FROM RS.6,08,900/-

WITH 8% INTEREST TO RS.18,00,000/- WITH 12%

INTEREST.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellant and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. The learned counsel for the appellant submits

that notice to respondents No.2 and 3 may be dispensed

with. The said submission is placed on record and notice to

respondents No.2 and 3 is dispensed with at the risk of the

appellant.

3. The learned counsel Sri. Sanjay M. Joshi, is

directed to accept notice for the respondent No.3 -

insurance company.

4. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only),

in addition to the compensation awarded by the Tribunal,

in full and final settlement of the claim of the claimant. A

Joint Memo is filed on behalf of the parties to that effect.

The same is recorded.

5. The insurer has agreed to deposit the said

amount before the Tribunal within six weeks from the date

of drawing of the 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.

6. The amount settled shall be released to the

appellant - claimant with proper identification of the

appellant - claimant.

7. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

stands modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER KJJ