Sri. K. Vishnu S/O. K. Bheemappa vs Mr. Madhur Singhal S/O. R. K. ...
2022 Latest Caselaw 4366 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 MR.JUSTICE S. SUNIL DUTT YADAV
                       AND
          SRI.S.S. BADAWADAGI, MEMBER

            M.F.A.No.100598/2022 [MV]
              (Lok Adalat No.30/2022)

BETWEEN:

SRI. K. VISHNU S/O K. BHEEMAPPA,
AGE: 29 YEARS, OCC: OWNER CUM
DRIVER OF CANTER BEARING ITS
REGN No.KA-22/C-1792,
R/O: 183, BESIDE, ANJANEYA TEMPLE,
POST: PINJAR HEGDAL,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI, NOW AT SARASWATPUR,
DHARWAD-580002.
                                   ...APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)

AND:

1.     MR. MADHUR SINGHAL
       S/O R. K. SINGHAL,
       AGE: 48 YEARS,
                         2




     OCC: BUSINESS AND OWNER OF THE LORRY
     BEARING ITS REGN. No.HR-55/T-9050,
     No. J-87, KHEMA KATRA,
     KISHAN GANJ, CITY: NORTH DELHI,
     DIST: NORTH DELHI,
     STATE: DELHI-110007.

2.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE COMPANY LIMITED,
     1ST FLOOR, HUDDAR COMPLEX,
     STATION ROAD, OPP: HEAD
     POST OFFICE-DHARWAD - 580001.
                                   ....RESPONDENTS

(BY SRI.S.K.KAYAKAMATH AND SRI. A.G.JADHAV, ADVOCATES FOR R2; R1 NOTICE DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE COURT TO CALL FOR THE RECORDS HEAR THE PARTIES AND MAY KINDLY BE MODIFIED IS ENHANCED THE COMPENSATION IN JUDGMENT AND AWARD DATED 29.09.2021 IN MVC No.144/2019 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T, DHARWAD, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

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.1,00,000/-

(Rupees One Lakh 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

AC