Shantabai W/O Ramasing Chavhan And Anr vs Inayath S/O Chandpasha Bidrer / ...
2023 Latest Caselaw 10047 Kant

Karnataka High Court

Shantabai W/O Ramasing Chavhan And Anr vs Inayath S/O Chandpasha Bidrer / ... on 9 December, 2023

                        1




  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.201035/2023 (MV)

             Lok Adalat No.585/2023

BETWEEN:

VEERSHETTY
S/O SHIVARAM CHAVAN,
AGE: 30 YEARS, OCC: WATERMAN IN THE
PANDERGERA VILLAGE,
R/O PANDERGERA THANDA,
PANDERGERA,
TQ. BASAVAKALYAN,
DIST. BIDAR,
NOW STAYING AT NOORKHAN TALIM,
H.NO.3-77,
TQ. AND DIST. BIDAR-584101.

                                      ...APPELLANT

(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
                          2




AND

1.    INAYATH
      S/O CHANDPASHA BIDRER/ ONITTUR-B,
      TQ. BHALKI, DIST. BIDAR-584101.
      (REGISTERED OWNER OF MOTOR CYCLE
      HERO H.F. DELUX CHASSIS NO.
      MBLHAW075J9M13822, ENGINE NO.HA11
      EPJ9 M12163,
      TEMPORARY REGISTRATION
      NO.KA-38/TMP2019/3467.


2.    THE MANAGER,
      TATA AIG GENERAL INSURANCE COMPANY LIMITED,
      PENINSULA BUSINESS PARK,
      TOWER-A, 15TH FLOOR, G.K. MARG,
      LOWER PAREL,
      MUMBAI-400013.

                              ...RESPONDENTS

(SRI. S. S. ASPALLI, ADVOCATE FOR R2; VIDE ORDER DATED 14.07.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES. ACT, PRAYING TO ENHANCED THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 09.09.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BIDAR AND MACT, BIDAR, IN MVC NO.449/2020.

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.2,00,000/-

(Rupees Two Lakhs 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