Gurusidda Kenchappa Shintre vs Avappa Maruti Pujari
2022 Latest Caselaw 4516 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 MRS.JUSTICE K.S. HEMALEKHA
                         AND
       SMT. ANURADHA R.DESHAPANDE, MEMBER

            M.F.A.No.103006/2016 [MV]

           (Lok Adalat No.374/2022)

BETWEEN:

     GURUSIDDA KENCHAPPA SHINTRE
     AGE: 21 YEARS, OCC: AGRICULTURE NOW NIL,
     R/O: ADIBATTI,TQ: GOKAK,
     NOW AT CTS NO.4824/A6,
     KOLHAPUR CROSS, BELAGAVI-590010.
                                           ...PETITIONER

(BY SRI. SMT GEETHA K M @ PAWAR, )

AND:

1.   SHRI. AVAPPA MARUTI PUJARI
     AGE: MAJOR, OCC: BUSINESS,
     R/O: AT PO RAJAPUR,
     TQ: GOKAK,
     DIST: BELAGAVI-591307,
     (OWNER OF BAJAJ PLATINA MOTOR
     CYCYLE BEARING NO.KA-49/R-2049)
                              2




2.    THE NEW INDIA ASSURANCE CO.LTD.,
      REPRESENTED BY DIVISIONAL OFFICE,
      CLUB ROAD, BELAGAVI,
      (INSURER OF BAJAJ PLATINA
      MOTOR CYCYLE,
      BEARING REG.NO.KA-49/R-2049)
                                          ...RESPONDENT'S

(BY SMT. PREETI SHASHANK, ADV. AND SRI. SHASHANK S. HEGDE, ADV. FOR R2; R1- NOTICE DISPENSED WITH)

THIS MFA FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:26.04.2016 PASSED IN MVC NO.1737/2015 ON THE FILE OF THE IX ADDITIONAL SESSIONS JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THE 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-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-Insurance Company has agreed

to pay a global compensation of Rs.80,000/- (Rupees

Eighty 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-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 SMM