Shri.Maruti Nagappa Santaji vs Shri.Venkata Vinayaka Sista
2022 Latest Caselaw 4425 Kant

                            1




          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.101623/2019 (MV)
                     LOK ADALAT NO.


BETWEEN

SHRI.MARUTI NAGAPPA SANTAJI
AGE: 56 YEARS,
OCC: DRIVER AND AGRICULTURIST
NOW NIL, R/O: HALAGA,
TQ: DIST: BELAGAVI-590020.
                                           ...APPELLANT

(BY SRI. HARISH S. MAIGUR, ADVOCATE)

AND

1.    SHRI.VENKATA VINAYAKA SISTA
      AGE: MAJOR, OCC: BUSINESS
      R/O: FLAT NO.504,
      BUILDING NO.1, SANSKRUTI COMPLEX,
      OPP. ST. LAWRENCE SCHOOL,
      KANDIVALI EAST-MUMBAI
      MUMBAI, MAHARASHTRA-400101.
                                 2




2.   THE DIVISIONAL MANAGER
     FUTURE GENERAL INDIA
     INSURANCE COMPANY LTD.,
     IST FLOOR, JALARAM BUSINESS CENTRE,
     GANJAWALA LANE,
     BORIVALI WEST-MUMBAI
     MUMBAI, MAHARASHTRA-400092.
                                     ...RESPONDENTS

(BY SRI. R. S. ARANI AND SRI.R.R.MANE, ADVOCATES FOR R2;

R1 DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD PASSED IN MVC NO.774/2018, ON THE FILE OF THE VI ADDL. DISTRICT & SESSIONS JUDGE AND ADDL. MACT BELAGAVI, DATED 01.03.2019 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED 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.1,95,000/- (Rupees One

Lakh Ninety 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.

Sd/-

JUDGE

Sd/-

MEMBER RH