Kashinath S/O Basavanappa vs Smt. Meraj Begum And Anr
2022 Latest Caselaw 4331 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.200193/2020 (MV)
                 Lok Adalat No.121/2021
Between:

Kashinath S/o Basavanappa
Aged: 66 years, Occ: Agriculture
R/o: H.No.19-06-68, Shivnagar
North, Bidar

                                            ... Appellant
(By Sri Santosh Biradar, Advocate)

And:

1.     Smt. Meraj Begum W/o
       Mohammed Shakeel Ahmed
       Age: Major, Occ: Household
       R/o: H.No.17-2-237 Near
       Masjid-E-Bilal Gandhi Nagar
       Colony Mailoor, BIdar-585 401

2.     The Branch Manager,
       IFFCO-TOKIO General Insurance
       Company Ltd., Branch Officer
       Havappa Complex, 200, 201 and
                                2




      202, Udgir Road Shivanagar South
      Bidar-585 401

                                            ... Respondents

(By Smt. Preeti Patil Melkundi, Advocate for R2; V/o dated 12.01.2021 notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act, praying to allow this appeal and modify the impugned judgment and award dated 26.04.2019, passed by the Court of the II Addl. Senior Civil Judge & JMFC, Bidar, in M.V.C No.281/2018 and enhance the compensation as prayed for.

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-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-Insurance Company has agreed to pay a

global compensation of Rs.1,80,000/- (Rupees One Lakh

Eighty 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. Entire enhanced 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 stand modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER swk