Kumar.Shyam S/O Late Prakash ... vs Johnson David S/O Jayavant, ...
2022 Latest Caselaw 4407 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.102194/2020 [MV]
                  (Lok Adalat No. /202)

BETWEEN:

KUMAR SHYAM S/O LATE PRAKSH SHENDAGE
AGE:19 YEARS, OCC:STUDENT & PART TIME JOB
R/O ATTIKOLLA NEAR RAILWAY STATION,
DHARWAD
                                   ...APPELLANT
(BY SRI.C.S. NAGASHETTI, ADVOCATE)

AND:

1.     JOHNSON DAVID S/O JAYAVANT GUTTAL
       AGE:MAJOR, OCC:BUSINESS,
       R/O C/O V.B. MATHAD NOORANI PLOT,
       NEAR SMALL WATER TANK, NEKAR NAGAR,
       OLD HUBBALLI, HUBBALLI.

2.     THE DIVISIONAL MANAGER
       NATIONAL INSURANCE CO. LTD.,
       RAILWAY STATION ROAD, OPP. HEAD POST,
       DHARWAD-580008.
                                 2




                                       ....RESPONDENTS

(BY SRI.R.S. ARANI & M.G. GADAGOLI, ADVS. 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 ENHANCE THE COMPENSATION AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, DHARWAD DATED 13.9.2019 IN MVC NO.209/2014 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE INTEREST 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.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. 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

JTR