Shri Gurushanth S/O Sadeppa ... vs Shri Siddappa S/O Basalingappa Patil
2023 Latest Caselaw 9925 Kant

Karnataka High Court

Shri Gurushanth S/O Sadeppa ... vs Shri Siddappa S/O Basalingappa Patil on 9 December, 2023

        HIGH COURT LE GAL SERVICES COMMITTEE
                  DHA RWAD BENCH

               BEFORE THE LOK ADALATH

           IN THE HI GH COURT OF KARNATA KA
                   DHA RWAD BENCH

      DATED THIS THE 09 T H DAY OF DECEMBE R, 2023

                CON CILIATORS P RESENT:

   HON'BLE M R.JUSTICE HANCHATE SANJEEVKUM AR
                       AND
             SRI V.G.DAL WA I, MEMBE R

                M.F.A .NO.103159/2023[MV ]

BETWEEN

SHRI GURUSHANTH
S/O. SADEPPA SHETTENNAVAR,
AGE: 24 YEARS, OCC: MASON (NOW NIL),
R/O: INCHAL, NOW AT BAILHONGAL,
TQ: BAILHONGAL, DIST BELAGAVI-581232.
                                                ...APPELLANT
(BY SMT. JOSHNA P. DHANAVE, ADVOCATE)

AND

1 . SHRI SIDDAPPA S/O. BASALINGAPPA PATIL,
    AGE: MAJOR, OCC: BUSINESS,
    AT/POST: CHACHADI, TQ: SOUNDATTI,
    DIST: BELAGAVI-581232.

2 . THE DIVISIONAL MANAGER,
    ORIENTAL INSURANCE COMPANY LTD.,
    SHANBAG CHAMBERS, KIRLOSKAR ROAD,
    BELAGAVI-581232.
                                              ...RESPONDENTS

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2 )

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFYING THE JUDGMENT AND AWARD PASSED IN MVC NO.2172/2018, DATED 23.01.2023 PASSED BY THE LEARNED THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL 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 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.35,000/- (Rupees thirty 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. 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/-