Tayawwa D/O. Hanamanth Talwar vs The Andra Oxygen Pvt Ltd
2023 Latest Caselaw 9886 Kant

Karnataka High Court

Tayawwa D/O. Hanamanth Talwar vs The Andra Oxygen Pvt Ltd on 9 December, 2023

      HIGH COURT LEGAL SERVICES COMMITTEE,

                  DHARWAD BENCH

              BEFORE THE LOK ADALATH

         IN THE HIGH COURT OF KARNATAKA,

                  DHARWAD BENCH

     DATED THIS THE 9 T H DAY OF DECEMBER, 2023

              CONCILIATORS PRESENT:

      HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

                         AND

          SRI.SHREEVATSA HEGDE, MEMBER

             M.F.A.NO. 102171/2018 [MV]
             (LOK ADALAT NO.1708/2023)
BETWEEN:

TAYAWWA D/O. HANAMANTH TALWAR,
AGE: 33 YEARS, OCC: COOLIE (NOW NIL),
R/O. KAJJIDONI VILLAGE,
TQ: AND DIST:BAGALKOT.
                                    -     APPELLANT
(BY SRI. S.S. SAJJAN, ADVOCATE)

AND:


1.    THE ANDRA OXYGEN PVT LTD.,
      P.H. SHIRUR,
      AGE:43 YRS, OCC:BUSINESS,
      R/O. A/P-H.NO.133 HALLUR CHAWL,
                               2




      VASAVAI TALKIES ROAD,
      BAGALKOT.

2.  THE BRANCH MANAGER
    UNITED INDIA INSURANCE CO.LTD.,
    MELLGERI COMPLEX,
    KALADAGI ROAD,
    BAGALKOT.
                                 -    RESPONDENTS

(BY SRI S.C. HIREMATH, ADVOCATE FOR R1, SRI. M.K. SOUDAGAR, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1)OF

MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT

AND AWARD DATED 07.03.2018 PASSED IN MVC

NO.28/2015 ON THE FILE OF THE MEMBER, MOTOR

ACCIDENT CLAIMS TRIBUNAL-II, BAGALKOT, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION

AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

THE MFA 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 No.2-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.1,75,000/- (Rupees One Lakh

Seventy Five Thousands 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 on proper identification.

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 BVV Ct-vp