Smt Aliya W/O. Bashirahamed Attar vs Shri Basavaraj Siddappa Jodageri
2023 Latest Caselaw 9890 Kant

Karnataka High Court

Smt Aliya W/O. Bashirahamed Attar vs Shri Basavaraj Siddappa Jodageri on 9 December, 2023

        HIGH COURT LEGAL SERV ICES COMMI TTEE
                  DHAR WA D BENCH

                BEFOR E TH E L OK ADALATH

            IN TH E HIGH COURT OF KARNA TAKA
                     DHAR WA D BENCH

      DA TED THIS THE 0 9 T H DAY OF DECEMBER, 2023

                 CONC ILIATORS PRES ENT:

      HON'BLE MR.JUS TIC E HA NCHA TE SA NJEEVKUMA R
                           AND
               SRI V.G.DA LWAI, MEMB ER

               M.F.A .NO.104255/2023[MV ]

BETWEEN

SMT. ALIYA
W/O. BASHIRAHAMED ATTAR,
AGE: 36 YEARS,
OCC: NECKLACE WORK(NOW NIL),
R/O: NEGINHAL,
TQ: BAILHONGAL-591102.

                                             ...APPELLANT

(BY SRI VIJAYKUMAR S. KOTIN, ADVOCATE)


AND

1 . SHRI BASAVARAJ SIDDAPPA JODAGERI,
    AGE: MAJOR, OCC: BUSINESS,
    R/O: NEGINAHL, TQ BAILHONGAL-591102.
    (OWNER OF TATA 407 PASSENGER TEMPO
    VEHICLE BEARING NO.KA-22/7863).

2 . THE MANAGER (LEGAL),
    ORIENTAL INSURANCE
    COMPANY LTD., T.P.HUBBALLI,
    DIVISIONAL OFFICE NO.1, 2ND FLOOR,
                           -2-




   ENKAY COMPLEX, KESHAVAPUR,
   HUBBALLI-580023.
   THROUGH ITS BRANCH OFFICE,
   M.M.SOGALD BUILDING,
   NEAR TALUK PANCHAYATH,
   HOSUR ROAD,
   BAILHONGAL-591102,
   (INSURER OF TATA 407 PASSENGER VEHICLE
   BEARING NO.KA-22/7863).

                                          ...RESPONDENTS

(BY SRI S. S. KOLIWAD, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE

INIDAN MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE

THE COMPENSATION, BY MODIFYING THE JUDGMENT AND

AWARD PASSED IN MVC NO.778/2022, ON THE FILE OF

SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT

CLAIMS TRIBUNAL, BAILHONGAL DATED 01.04.2023 BY

ALLOWING THIS APPEAL WITH COSTS.

THE APPEAL BEING REFERRED TO LOK ADALAT COMING

ON FOR CONCILIATION THIS DAY, THE LOK ADALAT PASSED

THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for appellant-claimant and the

representative of 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 Insurance Company has agreed to pay a global

compensation of Rs.10,000/- (Rupees Ten 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. The same is

accepted.

3. The said amount shall be released in favour of

appellant-claimant.

4. The 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

HMB CT-ASC