Karnataka High Court
The National Insurance Co. Ltd vs Md. Husain And Anr on 12 March, 2022
Bench: Lok Adalath
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.201186/2019 (MV)
Lok Adalat No.537/2020
Between:
The National Insurance Co.Ltd.
Rep. by the Branch Manager,
Bilgundi Mansion,
Opp: Mini Vidhana Soudha,
Station Road, Kalaburagi
... Appellant
(By Sri. Shivanand Patil, Advocate)
And:
1. Md. Hussain S/o Badesab,
Age: 24 years, Occ: Labour,
R/o Khureshi Mohalla,
Shorapur, Tq: Shorapur,
Dist: Yadgir-585 121.
2. Y.Anilkumar S/o Parthavalu,
Age: 29 years, Occ: Owner of vehicle & Business
2
R/o 16-2-740/75/4
Gaddannaram Nagar,
Saidabad, Hyderabad City,
Hyderabad, Dist: Hyderabad,
State Telangana-500 056
... Respondents
(By Sri. Krupa Sagar Patil, Advocate for R1;
Notice to R2 is held sufficient)
This Miscellaneous First Appeal is filed under Section
173(1) of M.V.Act, praying to call for the records and hear
the parties and set aside or modify the judgment and
award dated 18.07.2018 in MVC No.253/2017 on the file of
the Senior Civil Judge and MACT, Shorapur as against the
appellant by allowing the appeal.
This appeal coming on for Conciliation before Lok
Adalat, this day, the following order is passed:
CONCILIATION ORDER
The learned counsel for the appellant/insurance
company 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.13,37,000/- and it is agreed between the parties that a
sum of Rs.1,81,704/- 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.11,55,296/-(Rupees Eleven Lakh Fifty Five Thousand
Two Ninety Six 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. Out of the settled amount, 70% shall be
released in favour of the respondent No.1/claimant and
remaining amount shall be kept in fixed deposit in any
nationalized bank or scheduled bank of claimant's choice
for a period of three years with liberty to the claimant to
draw interest periodically.
4. The appellant-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
