Shri. Subhash vs Shri. Rajan
2022 Latest Caselaw 4411 Kant

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       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

               BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 12TH DAY OF MARCH, 2022

               CONCILIATORS PRESENT

          THE HON'BLE MR. JUSTICE P.N.DESAI

                         AND

               SHRI J.S.SHETTY, MEMBER

             MFA NO.101974 OF 2020(MFA)
               LOK ADALAT NO.416/2022
BETWEEN

SHRI. SUBHASH
S/O ANNAPPA AMALJARI @ KHOT,
AGE: 58 YEARS,
OCC: COOLIE AND MILK VENDING NOW NIL,
R/O: MANGUR-591215,
TALUKA: CHIKDOI, DISTRICT: BELAGAVI
                                          ...APPELLANT

(BY SMT. SUNANDA P PATIL, ADVOCATE)

AND

1. SHRI. RAJAN S/O PANDURANG DEVARI,
AGE: 48 YEARS, OCC: BUSINESS,
R/O: NEAR BHAIARAVANTH MANDIR,
PANCHAGAON, KOLHAPUR-416003,
TALUKA AND DISTRICT: KOLHAPUR
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2. THE DIVISIONAL MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
1ST FLOOR, MADIWALA ARCADE,
CLUB ROAD, BELAGAVI-590001

3. SHRI SATISH
S/O SUBHASH AMALJARI @ KHOT,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: MANGUR-591215,
TALUKA: CHIKODI,
DISTRICT: BELAGAVI

                                           ...RESPONDENTS

(BY SRI.N.R.KUPPELLUR, ADV. & SRI.R.R.MANE,ADV.FOR R2) (NOTICE TO R1 & R3 DISPENSED WITH)

MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED 17.03.2020

PASSED IN MVC NO.1382/2017 ON THE FILE OF THE II

ADDITIONAL SESSIONS JUDGE AND MEMBER, ADDITIONAL

MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent No.2-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 No.2-Insurance Company has agreed to

pay a global compensation of Rs.45,000/- (Rupees forty

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 claimant.

4. The Respondent No.2-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.

6. Amount in deposit before this Court, if any, shall

be transmitted to Tribunal forthwith for disbursement.

Sd/-

JUDGE

Sd/-

MEMBER

HMB