Vikas S/O Bhagawan Khandagale vs Ujwala W/O Girish Nashte And Anr
2023 Latest Caselaw 10032 Kant

Karnataka High Court

Vikas S/O Bhagawan Khandagale vs Ujwala W/O Girish Nashte And Anr on 9 December, 2023

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     HIGH COURT LEGAL SERVICES COMMITTEE,
                 KALABURAGI
             BEFORE THE LOK-ADALAT

     IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH

 DATED THIS THE 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                        AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200826/2022 (MV)
             Lok Adalat No.553/2023
BETWEEN:
VIKAS
S/O BHAGAWAN KHANDAGALE,
AGE: 30 YEARS, OCC: DRIVER,
R/O SONAND, TQ. SANGOLA,
DIST. SOLAPUR.
                                    ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    UJWALA
      W/O GIRISH NASHTE,
      AGE: 44 YEARS, OCC: BUSINESS,
      R/O AJINKYA PLAZA, NEAR S.T. STAND,
      SANGOLA, DIST. SOLAPUR-413307.
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2.    THE BRANCH MANAGER,
      NEW INDIA ASSURANCE COMPANY LIMITED,
      HANAMSHETTY BUILDING,
      GURUKUL ROAD,
      VIJAYAPURA-586101.
                             ...RESPONDENTS

( SRI. MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2; V/O DATED 29.10.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 30.01.2021 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-VI, AT VIJAYAPURA, IN MVC NO.487/2016.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the Appellant/Claimant

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.2,35,000/-

(Rupees Two Lakhs Thirty 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 entire 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

LG