Citation : 2022 Latest Caselaw 4389 Kant
Judgement Date : 12 March, 2022
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. 2 0 1 6 6 / 2 0 1 3
L ok A d al at N o .4 7 3 / 2 0 2 2
BE T W E E N:
TA NV E ER @ TA NV E E R A HM E D S / O. IMA M S A B MU J A V A R ,
A G E: 2 1 Y E A R S , O C C : EM P L OY E E IN P R IV A T E S E CT OR ,
R / O . N E G A L U R , TA L U K A N D D IS T: HA V E R I.
...A P P E L LA N T
(BY SRI.P.V. MOGALI, ADVOCATE)
AND:
1. MR. DHANASHEKAR S/O. LAKSHMANA
AGE: 40 YEARS, OCC: EMPLOYEE,
R/O. 14, 6TH MAIN 6TH CROSS BTM 2ND STAGE BANGALORE.
2. THE AUTHORIZED SINATORY,
TAT AIG GENERAL INSURANCE COMPANY LIMITED.,
PENINSULA CORPORATE PARK, NECHOLAR PARIMAL TOWER
9TH FLOOR, GANAPAT6HARAO KADAM MARG, LOWER PAREL,
MUMBAI-400 013.
....RESPONDENTS
(R-1 N/D/W) (BY SRI.SUBHASH J. BADDI., AND SRI.N. C. KALOORI., ADVOCATE FOR R-2)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.09.2012 PASSED IN MVC. NO.207/2011 ON THE FILE OF THE DISTRICT JUDGE (FAST TRACK COURT) AND MEMBER, MACT, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHACEMENT 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.60,000/- (Rupees
Sixty 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. Out of the compensation awarded, 50% to be
released in the name of claimants and 50% to be
deposited in any nationalized bank or scheduled bank
of claimant's choice for a period of five years as per
the order of the Tribunal.
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
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