Nivarthirao vs Vishal Dashrath Kamble And Anr
2023 Latest Caselaw 10060 Kant

Karnataka High Court

Nivarthirao vs Vishal Dashrath Kamble 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 09TH DAY OF DECEMBER, 2023

                CONCILIATORS PRESENT

           THE HON'BLE MR. JUSTICE C M JOSHI
                          AND
          SRI. LIYAQAT FAREED USTAD, MEMBER

               M.F.A. No.202849/2022 (MV)
                Lok Adalat No.   524/2023

BETWEEN:

     NIVARTHIRAO S/O SHESHRAO,
     AGE: 43 YEARS, OCC: LABOUR,
     R/O BORAL VILLAGE (MUNGANAL),
     TQ: AURAD-B, DIST:BIDAR-585401.

                                            ... APPELLANT
(BY SRI.SANJEEV PATIL AND
    SRI. S B SAJJAN, ADVOCATES)

AND:

1.   VISHAL DASHRATH KAMBLE
     A/P SR NO.06, KESHAV NAGAR,
     MUNDHAWA, TQ: HAVELI,
     DIST: PUNE-411036.
     (GAJANAN TOURS AND TRAVELS),
     PUNE, MAHARASTRA.
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2.   THE ORIENTAL INSURANCE CO.LTD.,
     BRANCH OFFICE BEED,
     (GSTIN 27 AAACT0627R4ZW),
     MATHURA COMPLEX, FIRST FLOOR,
     OPP: HOTEL SHANTAI, JALANA ROAD,
     BEED-431122, MAHARASHTRA,
     NOW REPRESENTED BY ITS MANAGER,
     THE ORIENTAL INSURANCE CO.LTD.,
     KAMASHETTY COMPLEX, UDGIR ROAD,
     NEAR NEW BUS STAND,
     BIDAR-585403.

                                           ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. UDAY P HONGUNTIKAR, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO, EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 20.04.2022 PASSED BY THE LERNED II ADDL. SENIOR CIVIL JUDGE & JMFC-BIDAR AND MACT AT BIDAR IN MVC NO.216/2019 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY.

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.90,000/- (Rupees

Ninety 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. 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

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