Salimasab S/O Aminsab Sutagatti vs Shri.Maruti S/O Doddamallappa ...
2022 Latest Caselaw 4460 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

 MISCELLANEOUS FIRST APPEAL NO.103727/2019(MV)
            LOK ADALAT NO.315/2022

BETWEEN:

SALIMASAB S/O.AMINSAB SUTAGATTI,
AGE : 42 YEARS, OCC : PRIVATE SERVICE (NOW NIL),
R/O : BELAWADI, TQ : BAILHONGAL-591102,
DIST : BELAGAVI.
                                          ...APPELLANT
(BY SRI MADANMOHAN M. KHANNUR, ADVOCATE)

AND

1.    SHRI MARUTI S/O. DODDAMALLAPPA SUNAGAR,
      AGE : 49 YEARS, OCC : BUSINESS,
      R/O. HOTANALI ARALESHWAR,
      HANGAL-581104, DIST : HAVERI.

2.    SHRI IRAPPA S/O.MAHADEVAPPA KALLED,
      AGE : 44 YEARS, OCC : BUSINESS,
      R/O. KERI ONI, MADANABHAVI,
      TQ AND DIST : DHARWAD-580008.
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3.   THE GENERAL MANAGER/MANAGER LEGAL,
     CHOLAMANDALAM MS GENERAL INSURANCE CO.LTD.,
     DARE HOUSE, LIND FLOOR, NO.2,
     N.S.C.BOSE ROAD, CHEENAI-600001,
     STATE TAMILNADU.
                                      .....RESPONDENTS

(NOTICE TO RESPONDENT NO.1-SERVED) (SERVICE OF NOTICE TO RESP. NO.2-DISPENCED WITH) (BY SRI R.R.MANE, ADVOCATE FOR RESPONDENT NO.3)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 11.03.2019 PASSED IN MVC NO.2873/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL BY ALLOWING THIS APPEAL, ETC., 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.3-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.3-Insurance Company has

agreed to pay a global compensation of Rs.1,65,000/-

(Rupees one lakh sixty 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.3-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 CKK