Karnataka High Court
Md.Abar Ahmed S/O Md.Sajeed vs Pradeep Singh S/O Sunder Singh ... 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.201361/2016 (MV)
C/W
M.F.A.No.200779/2016
Lok Adalat No.144/2022
In M.F.A.No.201361/2016:
Between:
Md. Abrar Ahmed S/o Md. Sajeed,
Age: 22 years, Occ: Student & Coolie,
R/o Haq Colony, Tq: & Dist: Bidar.
... Appellant
(By Sri. Khadme Umesh, Advocate)
And:
1. Pradeep Singh
S/o Sunder Singh Gaur,
Age: Major, Occ: Business,
R/o Village Bharadi, Tq: Sillod,
Dist: Aurangabad
M.S. Pin Code-585 401.
2. The Divisional Manager,
National Insurance Company Ltd.,
Through its Branch Manager,
2
Office Anupam Complex, Basaveshwar Chowk,
G.G.Road, Bidar-585 103.
... Respondents
(R1 served;
Smt. Preeti Patil Melkundi, Advocate for R2)
This Miscellaneous First Appeal is filed under Section
173(1) of the M.V.Act, praying to allow the appeal by
modifying the judgment and award dated 04.02.2016
passed by the Addl. Senior Civil Judge and Addl. MACT at
Bidar in MVC No.521/2013 and consequently be pleased to
enhance the compensation from Rs.74,000/- to
Rs.15,70,000/- with interest @ 18% per annum from the
date of petition till actual realization.
In M.F.A.No.200779/2016:
Between:
The Divisional Manager,
National Insurance Co. Ltd.,
Through its Branch Manager,
Office Anupam Complex,
Basaveshwar Chowk, G.G.Road, Bidar.
(Now represented by Authorized Signatory)
... Appellant
(By Smt. Preeti Patil Melkundi, Advocate)
And:
1. Md. Abrar Ahmed S/o Md. Sajeed,
Age: 22 years, Occ: Student & Coolie,
R/o Haq Colony, Tq: & Dist: Bidar.
2. Pradeep Singh S/o Sunder Singh Gaur,
Age: Major, Occ: Business,
R/o Village Bharadi, Tq: Sillod,
Dist: Aurangabad M.S. -585 401.
... Respondents
(By Sri. Khadme Umesh, Advocate for R1;
Sri. Ravi B. Patil, Advocate for R2)
This Miscellaneous First Appeal is filed under Section
173(1) of the M.V.Act, praying to call for the records and
allow the above appeal by setting aside the impugned
judgment and award dated 04.02.2016 in MVC
No.521/2013 passed by the Additional Senior Civil Judge &
Addl. MACT at Bidar.
These appeals 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.2,20,000/- (Rupees Two Lakh
Twenty Thousand), in full and final settlement of the claim
in MFA No.201361/2016. A joint Memo is filed on behalf of
the parties to this effect. Same is accepted. In view of
the settlement arrived in MFA No.201361/2016, MFA
No.200779/2016 is disposed of.
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
BL
