Shri.Sidrai S/O. Kareppa ... vs Shri.Gundu S/O.Ravaji Modgekar
2022 Latest Caselaw 4399 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.103706/2019 [MV]
             (Lok Adalat No.2169/2021)

BETWEEN:

SHRI. SIDRAI S/O KAREPPA BHAJANTRI,
AGE: 54 YEARS,
OCC: BAND MASTER (NOW NIL),
R/O: ASTE VILLAGE,
TQ AND DIST: BELAGAVI,
PIN CODE: 590015.
                                 ...APPELLANT

(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

AND:

1.     SHRI. GUNDU S/O RAVAJI MODGEKAR,
       AGE: 56 YEARS,
       OCC: PRIVATE WORK,
       R/O: H.NO.42, LAXMI GALLI,
       ASTE VILLAGE, CHANDGAD,
                           2




      TQ AND DIST: BELAGAVI.
      PIN CODE: 590016.

      (ONWER OF HERO MOTOR CYCLE BEARING
      REGD.No.KA-22/EL-2030)

2.    THE DIVISIONAL MANAGER,
      THE NATIONAL INSURANCE COMPANY LIMITED,
      RAMDEV GALLI, BELAGAVI,
      PIN CODE: 590001.
                                  ....RESPONDENTS

(BY SRI.S.K.KAYAKAMATH AND SRI. N.R.KUPPELUR, ADVOCATES FOR R2; R1 NOTICE SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988, AGAINST JUDGMENT

AND AWARD DATED 12.06.2019 PASSED IN MVC

No.317/2017 ON THE FILE OF THE I ADDITIONAL SENIOR

CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,

BELAGAVI, 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.1,60,000/-

(Rupees One Lakh 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. 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