Sri. Ravit S/O Albert Luvis vs Sri. Shahindra Kumar S/O Shankar ...
2022 Latest Caselaw 4391 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.100479/2021 [MV-I]

            (Lok Adalat No.356/2022)

BETWEEN:

     SRI. RAVIT S/O ALBERT LUVIS
     AGED ABOUT 33 YEARS,
     OCC. MASON WORK,
     R/O. BENGRE-1, SANABHAVI,
     ALVEKODI, BHATKAL TALUK,
     KARWAR,
     DIST. UK 581320
                                           ...APPELLANT

(BY SRI. T M NADAF.,ADVOCATE)

AND:

1.   SRI. SHASHINDRA KUMAR S/O SHANKAR RAO M
     R C OWNER OF CAR BEARING NO.KA-20/MA-4439,
     R/O. H.NO.5/161,
     76 BADAGUBETTU, KUKKIKATTE,
     UDUPI 576101.
                              2




2.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE CO.LTD.,
     MOTOR TP CLAIMS HUB,
     2ND FLOOR, SHRINATH COMPLEX,
     NEW COTTON MARKET,
     HUBBALLI 580029.
                                            ...RESPONDENT'S

(BY SRI. S. S. KOLIWAD, ADV. FOR R2; R1- DISPENSED WITH)

MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.01.2020 PASSED IN MVC NO.612/2018 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BHATKAL, 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.55,000/- (Rupees

Fifty Five 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 appellant/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