Farvezkhan S/O Fizaralikhan ... vs B.G. Lalithamma W/O Basavangouda
2023 Latest Caselaw 9914 Kant

Karnataka High Court

Farvezkhan S/O Fizaralikhan ... vs B.G. Lalithamma W/O Basavangouda 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 VIJAYKUMAR A. PATIL
                          AND
         SRI.PRASHANT MATHAPATI, MEMBER

              M.F.A.No.102827/2016 [MV]
              (Lok Adalat No.1827/2023)

BETWEEN

FARVEZKHAN S/O FIZARALIKHAN ROTKHANANAVAR
AGE:27 YEARS, OCC:WELDING WORK,
R/O ISLAMPUR ONI RANEBENNUR,
TQ:RANEBENNUR, DIST:HAVER-581115.
                                            ...APPELLANT
(By SMT. SHAILA BELLIKATTI, ADVOCATE)

AND

1.    B.G. LALITHAMMA
      W/O BASAVANGOUDA
      AGE:MAJOR, OCC:BUSINESS,
      R/O MALLIKARJUNA MOTORS BESIDE
      VIVEKANAND SCHOOL,
      SAVALANGA ROAD,
      SHIMOGA TQ and DIST:SHIMOGA-577 201
                             2




2.   THE DIVISIONAL MANAGER,
     THE ORIENTAL INSURANCE CO. LTD.,
     ENKEY COMPLEX,
     KESHWAPUR HUBBALLI-580 001
                                          ....RESPONDENTS

(BY SRI. G.N.RAICHUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO JUDGMENT AND AWARD DATED 01.03.2016 PASSED IN MVC NO.1188/2014 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 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.1,25,000/-

(Rupees One lakh 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. The entire amount shall be released in

favour of the appellant/claimant on proper

identification.

3. 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.

4. 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

SVH