Citation : 2022 Latest Caselaw 4497 Kant
Judgement Date : 12 March, 2022
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.100385 OF 2019(MFA)
LOK ADALAT NO.394/2022
BETWEEN
SHRI.SRINIVAS S/O ADIVEPPA VANTAGODI,
AGE 30 YEARS, OCC:AGRICULTURE,
R/O ROOGI VILLAGE, TQ:MUDHOL,
DIST:BAGALKOT
NOW AT MAHANTESH NAGAR,
TQ AND DIST BELAGAVI 590001
...APPELLANT
(BY SRI.SANTOSH.B.RAWOOT & S S HATTIKATAGI, ADVOCATE)
AND
1. SHRI.GANGADHAR
S/O GOUDAPPAGOUDA PATIL
AGE:MAJOR, OCC:BUSINESS,
R/O TIMMANNAVAR BLDG,
NEAR GAS GODOWN,
2
BEHIND I.B., TQ:MUDHOL,
DIST:BAGALKOT 591308
2.FUTURE GENERAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL OFFICE,
PASADENA, NO.18/1, 3RD FLOOR,
ASHOK PILLAR ROAD,
BENGALURU-03
3.MR.SIKANDAR ABDULKHADER BEDASUR
AGE:MAJOR, OCC:BUSINESS,
R/O STATION KONNUR,
TQ:GOKAK, DIST BELAGAVI 591331
4. NATIONAL INSURANCE CO LTD.,
THROUGH ITS DIVISIONAL OFFICE,
RAMDEO GALLI,
BELAGAVI 590001
...RESPONDENTS
(BY SRI.R.S.ARANI, ADV. FOR R2) (BY SRI.N.R.KUPPELUR, ADV. FOR R4) (R1 & R3- SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.10.2018 PASSED IN MVC NO.349/2016 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, 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.30,000/- (Rupees Thirty
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.
Amount in deposit before this Court, if any, shall be
transmitted to Tribunal forthwith for disbursement.
Sd/-
JUDGE
Sd/-
MEMBER
HMB
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