Shashikant vs Shrimant And Anr
2022 Latest Caselaw 4323 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.200580/2021 (MV)

               LOK ADALAT NO.161/2022

BETWEEN:


SHASHIKANT S/O SIDDAPPA NATIKAR
AGE: 36 YEARS OCC: COOLIE
R/O: POLICE HEAD QUARTERS
VIJAYAPURA.
                                        ... APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND:


01.    SHRIMANT S/O SOMALU LAMANI
       AGE: 44 YEARS OCC: BUSINESS
       R/O: AMBALNUR (LT)
       POST: NARASALAGI
       TALUK: B. BAGEWADI
       DIST: VIJAYAPURA-586 101.
                           2




02.   THE BRANCH MANAGER
      NATIONAL INSURANCE
      COMPANY LIMITED
      1ST FLOOR, HERALAGI BUILDING
      BEHIND SIDDESHWAR TEMPLE
      VIJAYAPURA-586 101.

                                      ... RESPONDENTS

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

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

ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE

THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION

BY MODIFYING THE JUDGMENT AND AWARD DATED

02.11.2019 IN MVC.NO.1677/2015 PASSED BY THE

COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND

MEMBER OF MACT-XII, AT VIJAYAPURA.

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. On negotiations, the claimant and the insurer

have settled the matter for lump-sum compensation of

Rs.2,00,000/- (Rupees Two Lakhs 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.

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

appellant - claimant with proper identification of the

appellant - claimant.

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