Ningappa vs Mohamed Safarulla
2023 Latest Caselaw 9910 Kant

Karnataka High Court

Ningappa vs Mohamed Safarulla on 9 December, 2023

       HIGH COURT LEGA L SERVI CES COMMITTEE,
                 DHARWAD BEN CH

               BEFORE THE LOK ADALATH

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BEN CH

     DATED THIS THE 9 T H DAY OF D ECEMBER, 2023

                CONCILIAT ORS PRESENT:

       HON'BLE MR.J USTI CE VIJAYKUMAR A . PATIL
                          AND
           SRI.PRAS HANT MATHAPATI, MEMBER

              M.F.A .No.100987/ 2016 [MV]
              (Lok A dalat No .1795/ 2023)
BETWEEN:
NINGAPPA
S/O TIPPANNA KURUDAPPANAVAR,
AGE: 34 YEARS, OCC: SHEPHERD,
R/O: MEDLERI VILLAGE,
TQ: RANEBENNUR, DIST: HAVERI.
                                             ...APPELLANT
(By Sri. G N NARASAMMANAVAR, ADV.)

AND:

1.     MOHAMED SAFARULLA S/O MUHAMMAD KUTTI,
       AGE: MAJOR, OCC: OWNER OF VEHICLE,
       R/O: 7/268, (341) CHALILA THODI HOUSE,
       EDAYOOR P.O VADAKKUPURAM,
       MALAPPURAM, DIST. KERAL STATE.

2.     THE DEPUTY MANAGER LEGAL CLAIM,
       FUTURE GENERALI INDIA INSURANCE CO. LTD.,
       PADASENA NO.125/A, OLD NO.18/1,
       3RD FLOOR, EZON BUILDING ASHOK PILLAR ROAD,
       1ST BLOCK, JAYANAGAR,
                               2




     BENGALURU 560001.
                                           ..RESPONDENTS

(By Sri. RAJASHEKHAR S ARANI FOR R2, NOTICE TO R1 D/W)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO THAT THE JUDGMENT AND AWARD DATED 27.03.2013, PASSED IN MVC NO.234/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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 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.8,000/- (Rupees Eight

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. The entire amount shall be released in favour of

the appellant/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

NAA