Shivappa And Anr vs Sri Mohd Shafeeq And Anr
2022 Latest Caselaw 4304 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.200559/2021 (MV)

                LOK ADALAT NO.158/2022

BETWEEN:
01.    SHIVAPPA S/O HUVAPPA BEVINHALLI
       AGE: 37 YEARS OCC: COOLIE WORK

02.    MAHADEVI W/O SHIVAPPA BEVINHALLI
       AGE: 32 YEARS OCC: HOUSEHOLD
       BOTH ARE PERMANENT
       R/O: HALISAGER VILLAGE
       TQ: SHAHAPUR DIST: YADGIR-585 201.
                                       ... APPELLANT
(BY SRI. BHEEMARAYA M.N., ADVOCATE)
AND:

01.    SRI. MOHD. SHAFEEQ S/O MOHD TAUFEEQ
       AGE: 47 YEARS OCC: BUSINESS
       R/O: SHALIMAR TRANSPORT COMPANY
       REWA ROAD DANDI ALAHABAD-211001.
       UTTAR PRADESH STATE
                            2




02.   THE DIVISIONAL MANAGER
      THE NATIONAL INSURANCE CO. LTD.,
      DR. BILGUNDI COMPLEX, STATION ROAD,
      KALABURAGI-585 103.

                                         ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. MANVENDRA REDDY, ADV., FOR R2)

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

ACT, PRAYING TO CALL FOR THE RECORDS, TO MODIFY

THE JUDGMENT AND AWARD DATED 26.02.2020 PASSED

IN MVC.NO.123/2018 ON THE FILE OF THE COURT OF THE

SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MOTOR

ACCIDENT CLAIMS TRIBUNAL-IV AT SHAHAPUR AND

ALLOW THIS APPEAL TO GRANT THE COMPENSATION

AMOUNT BY RS.12,37,000/- ONLY AS CLAIMED BY THE

APPELLANTS BEFORE THIS COURT AND ETC.,

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellants and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. On negotiations, the claimants and the insurer

have settled the matter for lump-sum compensation of

Rs.1,87,000/- (Rupees One Lakh Eighty Seven Thousand

Only), in addition to the compensation awarded by the

Tribunal, in full and final settlement of the claim of the

claimants. A Joint Memo is filed on behalf of the parties to

that effect. The same is recorded.

3. 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.

4. The amount settled shall be released to the

appellants - claimants with proper identification of the

appellants - claimants.

5. 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