Mahesh S/O Shankar Patil vs Gaurav S/O Pandhatinath Pawaskar
2023 Latest Caselaw 9923 Kant

Karnataka High Court

Mahesh S/O Shankar Patil vs Gaurav S/O Pandhatinath Pawaskar 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.103127/2022[MV ]
BETWEEN

MAHESH S/O. SHANKAR PATIL,
AGE: 24 YEARS, OCC: MASON,
R/O: KUSAMALI, TAL: KHANAPUR,
DIST: BELAGAVI-590014.
                                                ...APPELLANT
(BY SRI PRASHANT MATHAPATI, ADVOCATE)

AND

1.    GAURAV S/O. PANDHATINATH PAWASKAR,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: A/P: 1628, PINGULI, GUDHIPUR,
      TAL: KUDAL, DIST: SINDHUDURG.
      (OWNER OF TATA TIPPER/DUMPER
      NO.MH-07/X-0218).

2.    THE DIVISIONAL MANAGER,
      THE ORIENTAL INSURANCE CO., LTD.,
      HAVING DIVISIONAL OFFICE AT
      MADIWAL ARCADE, CLUB ROAD,
      BELAGAVI-590001.
                                              ...RESPONDENTS

(BY SRI R.R.MANE, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD IN MVC NO.578/2018 DATED 05.03.2020 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT JUDGE AND MACT-V AT BELAGAVI, BY ALLOWING THIS APPEAL, AND ETC.,.

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 claimant and the

representative of Insurance Company along with its

counsel are present.

2. After prolonged negotiations, the matter is

settled. The claimant has agreed to receive and the

Insurance Company has agreed to pay a global

compensation of Rs.1,75,000/- (one lakh seventy-five

thousand rupees 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

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/-

MEMBE R

MRK