Shri Malikjan S/O Dastageersab ... vs Shri Ajruddin S/O. Gousasab Attar
2022 Latest Caselaw 4354 Kant

     HIGH COURT LEGAL SERVICES COMMITTEE,
               DHARWAD BENCH

             BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 12 T H DAY OF MARCH, 2022

              CONCILIATORS PRESENT:

        HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                        AND
       SMT. ANURADHA R.DESHAPANDE, MEMBER

           M.F.A.No.100728/2022 [MV-I]

           (Lok Adalat No.373/2022)

BETWEEN:

     SHRI MALIKJAN S/O DASTAGEERSAB JAMADAR
     AGE. 24 YEARS, OCC. MECHANIC,
     R/O. SHINDIKURBET VILLAGE,
     TQ. GOKAK,
     DIST. BELAGAVI- 593107
                                          ...PETITIONER

(BY SRI. SANTOSH S HATTIKATAGI, ADVOCATE)
[


AND:

1.   SHRI AJRUDDIN S/O. GOUSASAB ATTAR
     AGE. 32 YEARS, OCC. MECHANIC,
     R/O. SHINDIKURBET VILLAGE,
     TQ. GOKAK,
     DIST. BELAGAVI -593107
                                    2




2.    THE NEW INDIA ASSURANCE CO. LTD,
      BY ITS SENIOR DIVISIONAL MANAGER,
      CLUB ROAD,
      BELAGAVI - 593107
                                                   ...RESPONDENT'S

(BY SRI. M. Y. KATAGI, ADV. FOR R2;

THIS MFA FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.12.2021 PASSED IN MVC NO.1990/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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.1,50,000/-

(Rupees One Lakh Fifty 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 SMM