Mohammed Hussain S/O Chand Pasha vs Venkat Rao And Anr
2022 Latest Caselaw 4345 Kant

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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 ASHOK S. KINAGI
                           AND
               SRI K.A.KALBURGI, MEMBER

              M.F.A. No.201036/2019 (MV)
                  Lok Adalat No.89/2022

Between:

Mohammed Hussain
S/o Chand Pasha,
Age: 27 Years,
Occ: Coolie and Agriculture, (now nil)
R/o H.No.3 Gulusaram, Tq. Shahapur,
District: Yadgiri,
Now residing at Basveshwar nagar,
Tq. and District: Yadgir.
                                            ... Appellant

(By Sri.Veeranagouda Malipatil, Advocate)

And:

1.     Venkat Rao
       S/o Naganath,
       Age: 47 Years,
       Occ: Owner of TATA ACCIDENT
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      Auto Bearing Reg.No.KA-32-B-7299,
      R/o E-8-1402-6, Filter Bed Road,
      Chennavera Nagar, Kalaburagi,
      Tq. and District: Kalaburagi-585 103.

2.    National Insurance Company Ltd.,
      Bilagundi Complex,
      Opp: Mini Vidhana Soudha,
      Market Road, Kalaburagi,
      Tq. and District: Kalaburagi-585 102.
                                              ... Respondents

(By Sri.P.Vilaskumar, Advocate for R1; By Smt. Preeti Patil Melkundi, Advocate for R2)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act praying to allow the appeal, the judgment and award dated 23.11.2018 passed in M.V.C.No.100/2017 by the Senior Civil Judge and C.J.M. at Yadgir, may kindly be modified by enhancing the compensation as claimed in the claim petition.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER Delay condoned.

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

compensation of Rs.1,65,000/- (Rupees One Lakh Sixty

Five 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 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

MSR Ct: SMP