Mr.Mahmad Rasul S/O Madarsab ... vs Amlf Logistics Private Limited
2022 Latest Caselaw 4473 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.103290/2019 (MV-DB)
                 LOK ADALAT NO. 442/2022


BETWEEN

MR. MAHMAD RASUL
S/O. MADARSAB TAHASILDAR
AGE: 34 YEARS,
OCC: DRIVER (NOW NILL)
R/O. UJWAL NAGAR,
BELAGAVI-590001.

                                           ...APPELLANT

(BY SRI. H. D. PATIL, ADVOCATE)

AND

1.    AMLF LOGISTICS PRIVATE LIMITED
      D 123, STEEL CHAMBERS
      STEEL YARD
      KALAMBOLI PANVEL,
      DIST: RAIGARH
      KALAMBOLI, MAHARASHTRA
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       KALAMBOLI NODE
       RAIGAD [MH] - 410218.

2.     BAJAJ ALLIANZ INSURANCE CO. LTD.,
       MADIWALE COMPEX,
       CLUB ROAD,
       BELAGAVI - 590001.

                                                    ...RESPONDENTS

(BY SRI. M. K. SOUDAGAR, ADVOCATE FOR R2;

R1 N/D/W)

THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION OF RS.4,27,200/- TO RS.25,00,000/- BY MODIFYING THE JUDGMENT AND AWARD PASSED BY XI ADDL. DISTRICT JUDGE AND ADDL. MACT, BELAGAVI IN MVC NO.1880/2017 DATED 25.03.2019, AND CONSEQUENTLY GRANT THE ENTIRE COMPENSATION IN FAVOUR OF THE APPELLANT/PETITIONER BY SADDLING THE ENTIRE LIABILITY UPON THE RESPONDENTS JOINTLY AND SEVERALLY, 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.85,000/- (Rupees Eighty

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