Kumar Samarth S/O Anand ... vs Shri Sadashiv S/O Bhimappa Hosur
2022 Latest Caselaw 4348 Kant

          H IG H C O U R T L E GA L S E R V IC ES C O MM IT T E E ,
                           D HA R WA D B EN C H
                      BE F OR E T H E L OK A D A LA T H
                IN T H E H IG H C O U R T OF K A R NA TA K A ,
                            D HA R WA D B EN C H
          DA T ED T H IS T H E 1 2 T H DA Y O F MA R C H , 2 0 2 2
                       CO N C IL IA T OR S PR E S E N T:
                 HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                                      AND
                SMT. ANURADHA R.DESHAPANDE, M E MB ER
                         M.F .A . N o. 1 0 0 2 4 2 / 2 0 2 2
                        L ok A d al at N o .4 3 4 / 2 0 2 2
BE T W E E N:

1.    K U MA R , S A MA R T H S / O . A N A N D U D DA PP A G O L ,
      A G E: 1 0 Y E A R S , O C C : S TU D EN T ,
      S IN C E , M IN OR R / BY GU A R D IA N F A T H E R ,
      S H R I. A N A N D S / O. S H IV A PP A U D DA PP A G O L,
      A G E: 3 6 Y EA R S , O C C: A GR ICU L TU R E ,
      R / O : K A NK A N A W A D I , T Q: R A IBA G ,
      D IS T: B E LA G A V I- 5 9 3 1 0 7 .
                                                             ...A P P E L LA N T
(BY SRI.S.S. HATTIKATAGI, ADVOCATE)
AND:
1.     SHRI. SADASHIV S/O. BHIMAPPA HOSUR,
       AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
       R/O. KANKANAWADI, TQ:RAIBAG,
       DIST: BELAGAVI-593 107.
2.     THE SENIOR DIVISIONAL MANAGER,
       NEW INDIA ASSURANCE COMPANY LIMITED,
       CLUB ROAD, BELAGAVI-591 307.
                                                               ....RESPONDENTS

(BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R-2) (R-1 NOTICE D/W) THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.07.2020 PASSED IN MVC NO.603/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JDUGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMEPNSATION.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellant 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.28,000/- (Rupees

Twenty Eight 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. The said 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

PJ