The Branch Manager, National ... vs Mohammed Shaib Ahmed S/O Peer ...
2022 Latest Caselaw 4329 Kant

                            1




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 K.SOMASHEKAR
                          AND
                SRI. A.M.PATIL, MEMBER
              M.F.A. No.201168/2017 (MV)
                Lok Adalat No.149/2022
Between:
The Branch Manager,
National Insurance Company Ltd.,
Near Suraksha Hospital, Raichur
Now through its Authorized Signatory,
Divisional Manager,
National Insurance Company Limited
Bilgundi Complex, Ist Floor,
Opp: Mini Vidhana Soudha,
Main Road, Kalaburagi.
                                            ... Appellant
(By Sri Sharanabasappa M.Patil, Advocate)
And:

1.     Mohammed Shaib Ahmed S/o Peer Pasha,
       Age: 21 years, Occ: Mechanic,
       R/o Opposite PWD Office,
       H.No.12-11-124,
       Arab Mohalla,
       Raichur-584 101.
                               2




2.    Mohammed Lateef S/o Allabaksh,
      Age: 34 years, Occ: Rider of Motorcycle
      Bearing No.KA-36/EG-5596,
      R/o H.No.4-1-16/1, CMC Complex, Road,
      Mangalwarpet, Raichur-584 101.

3.    Mohammed Rafi S/o Allabaksh,
      Age: Major, Occ: Owner of Motorcycle
      Bearing No.KA-36/EG-5596,
      R/o H.No.4-1-6, Petlaburz Road, Raichur.

                                             ... Respondents

(Sri Basavaraj R.Math, Advocate for R1; R2 and R3 are served, but unrepresented)

This Miscellaneous First Appeal is filed under Section 173(1) of the M.V.Act, praying to modify the order of the Tribunal and call for the lower Court records and hear the parties and modify the judgment dated 25.05.2017 and award dated 25.05.2017 passed by the Hon'ble Prl. District & Sessions Judge (MACT) at Raichur in MVC No.335/2016.

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 No.1-claimant Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The total compensation awarded by the Tribunal is

Rs.4,39,565/- and it is agreed between the parties that a

sum of Rs.79,565/- be reduced from the said amount.

Therefore, the appellant-Insurance company has agreed to

pay and respondent No.1 agreed to receive an amount of

Rs.3,60,000/-(Rupees Three Lakh Sixty Thousand only)

with interest at 6% p.a. towards 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 entire amount shall be released in favour

of the claimant.

4. The Respondent-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 stands modified accordingly. Draw up the award

accordingly.

6. The amount in deposit before this Court shall

be transmitted to the Tribunal for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER

BL