S. Mohammed Usman S/O S. Ibrahim vs Manjunath S/O Shivamurthayya
2022 Latest Caselaw 4416 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.100007/2021 [MV]
            (LOK ADALAT NO.2198/2021)
BETWEEN:

S. MOHAMMED USMAN S/O S. IBRAHIM,
AGE: 34 YEARS, GLASS CUTTING WORK,
R/O WARD NO. 5, KILLA AREA, GANGAVATHI,
DIST: KOPPAL-583 227.
                                   -   APPELLANT
(BY SRI. NAGARAJ J. APPANNAVAR, ADVOCATE)

AND:

1.     MANJUNATH S/O SHIVAMURTHAYYA,
       AGE: 41 YEARS, OCC: DRIVER OF
       TRACTOR/TROLLY BEARING ITS REG.
       NO.KA-35/M-9760 (TRACTOR) & TP
       NO.KA-35/MTZ8900 (TROLLY),
       R/O WARD NO. 2, MUSTOOR,
       TQ: GANGAVATHI,
       DIST: KOPPAL-583 227.
                           2




2.   THIMMAPPA S/O HUCCHNAGAVVA,
     AGE: 32 YEARS, OCC.: OWNER OF
     TRACTOR BEARING NO.KA-35/M9760,
     R/O CHIRIBI, TQ: KUDLAGI,
     DIST: BELLARY-583 101.

3.   RASOOL SAB S/O NABI SAB,
     AGE: 31 YEARS, OCC: OWNER OF
     TROLLY BEARING NO.TP NO.KA35/TZ8900,
     R/O WARD NO. 17, AGASAR ONI,
     GANGAVATHI, DIST: KOPPAL-583 227.

4.   THE MANAGER (TRACTOR INSURER),
     NATIONAL INSURANCE COMPANY LIMITED,
     1ST FLOOR, KOTHA CHERUVU COMPLEX,
     ABOVE BANK OF INDIA,
     STATION ROAD, HOSAPETE.

5.    THE MANAGER (TROLLY INSURER),
      SHRIRAM GENERAL INSURANCE COMPANY
      LIMITED, NO. 5/4, 3RD FLOOR, S.V. ARCADE,
      BILAKAHALLI MAIN ROAD,
      OPP: BANNERAGHATTA ROAD,
      II ND MAIN, BANGALORE.
                                    -     RESPONDENTS

(BY SRI. SURESH S. GUNDI AND SMT. SHARMILA M. PATIL, ADVOCATES FOR R4, NOTICE TO R1 TO R3 AND R5 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 05.03.2020 PASSED IN M.V.C. NO. 138/2018 BY THE LEARNED SENIOR CIVIL JUDGE AND MACT, GANGAVATHI & ETC.

THIS MISCELLANEOUS FIRST 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 No.4-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.4-Insurance Company has

agreed to pay a global compensation of `70,000/-

(Rupees Seventy 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.4-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

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