Shri Omkar S/O Parashuram Jadhav vs Shri Laxman S/O Murageppa Kamble
2023 Latest Caselaw 9924 Kant

Karnataka High Court

Shri Omkar S/O Parashuram Jadhav vs Shri Laxman S/O Murageppa Kamble on 9 December, 2023

                             1




       HIGH COURT LEGAL SERVICES COMMITTEE
                 DHARWAD BENCH

                BEFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 9 T H DAY OF DECEMBER, 2023

                CONCILIA TORS PRESENT

THE HON'BLE MR.JUSTICE RAMACHANDRA D.HUDDAR

                           AND

                SHRI D.J.NAIK, MEMBER

              M.F.A. NO.100883 OF 2023 (MV)
                LOK ADALAT NO.1736/2023

BETWEEN

1.    SHRI OMKAR S/O PARASHURAM JADHAV
      AGE 25 YEARS
      OCC AGRICULTURE AND COOLIE
      NOW NIL,
      R/O. MANJARI VILLAGE,
      TQ. CHIKODI,
      DIST. BELAGAVI 593107

                                              ...APPELLANT

(BY SRI. SANTOSH S HATTIKATAGI, ADV.,)


AND

1.    SHRI LAXMAN S/O MURAGEPPA KAMBLE
      AGE:41 YEARS,
                                 2




     OCC: BUSINESS,
     R/O. PARTHANAHALLI,
     TQ. ATHANI,
     DIST. BELAGAVI 593107

2.   THE MANAGER
     NATIONAL INSURANCE CO.LTD
     MAHAVEER CHAMBERS,
     ASHOK NAGAR
     NIPPANI REPRESENTED BY
     ITS DIVISIONAL MANAGER
     RAMDEV GALLI, BELAGAVI 593107

                                          ...RESPONDENTS

(BY SRI. M. Y. KATAGI, ADV.,)

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

VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED

02.08.2022 PASSED IN MVC NO.1190/2017 ON THE FILE OF THE

ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL

SENIOR CIVIL JUDGE AT CHIKODI, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

THIS MFA COMING ON FOR CONCILIATION BEFORE

LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE

FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company with its

counsel are present.

2. After prolong negotiation, the matter is settled. The

Appellant-claimant has agreed to receive global compensation of

Rs.1,10,000/- (Rupees One Lakh Ten Thousand only), in addition

to what has been awarded by the Tribunal, in full and final

settlement of the claim. Respondent-Insurance Company has

agreed to deposit the said compensation.

3. A joint memo is filed on behalf of the parties to this effect.

Same is in accordance with law and hence accepted.

4. The Respondent-Insurance Company is directed to deposit

the said amount before the Tribunal within six weeks from the

date of preparation of Award, lest the said amount shall carry an

interest at the rate of 9% p.a. from the date of default, till the

date of deposit.

5. After such deposit, said amount shall be released in favour

of the claimant digitally after collecting necessary documents of

identification.

6. The Miscellaneous First Appeal stands disposed of in terms

of the Joint Memo. Consequentially the award of the Tribunal is

modified accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

YAN