Tukaram S/O Shivayogeppa Tanehalli vs The Principal And Anr
2023 Latest Caselaw 10068 Kant

Karnataka High Court

Tukaram S/O Shivayogeppa Tanehalli vs The Principal And Anr 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 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.202727/2023 (MV)
                Lok Adalat No. 530/2023

BETWEEN:

     TUKARAM
     S/O SHIVAYOGEPPA TANEHALLI,
     AGE: 52 YEARS,
     OCC: AGRICULTURE,
     RESIDENT OF ALIYABAD,
     TQ AND DIST: VIJAYAPURA-586112.

                                            ... APPELLANT
(BY SRI. S V BIRADAR, ADVOCATE)


AND:

1.   THE PRINCIPAL,
     KARNATAKA TEACHER'S B.ED.COLLEGE,
     INDI, DIST: VIJAYAPURA-586209.
                                2




2.   THE BRANCH MANAGER,
     BHARATI AXA GENERAL,
     INSURANCE COMPANY LIMITED,
     1ST FLOOR, "CENTRAL BUILDING",
     OPP: VIDYA NAGAR POLICE STATION,
     VIDYANAGAR, HUBLI-580021.

                                            ... RESPONDENTS

(BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 26.08.2022 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-VII, AT VIJAYAPURA, IN M.V.C NO.1516/2016, 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

Sri.Manjunath Mallappa Shetty, learned counsel

has file vakalath for respondent No.2.

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.25,000/- (Rupees

Twenty 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. 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

NR/-