Tousif Alam vs Tulajabhavani Roadways And Anr
2023 Latest Caselaw 9930 Kant

Karnataka High Court

Tousif Alam vs Tulajabhavani Roadways And Anr on 9 December, 2023

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  HIGH COURT LEGAL SERVICES COMMITTEE,
              KALABURAGI
            BEFORE THE LOK-ADALAT
    IN THE HIGH COURT OF KARNATAKA
             KALABURAGI BENCH

 DATED THIS THE 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT

    THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                       AND
    SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200976/2022 (MV)

             Lok Adalat No.567/2023
BETWEEN:

TOUSIF ALAM
S/O MOHAMMED ZAHEER,
AGE: 35 YEARS, OCC: PROJECT MANAGER,
R/O 220, KESARE 1ST STAGE,
OPP. PARADISE FUNCTION HALL,
NARASIMHA RAJA MOHALLA,
MYSORE-570007
NOW TEMPORARILY RESIDING AT,
TEACHER'S COLONY, NEAR AL-AMEEN II GATE,
VIJAYAPUR-586101.
                                     ...APPELLANT

(BY SRI. KOUJALAGI C.L, ADVOCATE)
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AND

1.    TULAJABHAVANI ROADWAYS,
      PROPRIETOR S.R. DAYAMA SHOP NO. 221/222,
      1ST FLOOR, BLDEA ROAD,
      SRI SANGANABASAVESHWAR,
      SHOPPING COMPLEX,
      VIJAYAPUR-586101.

2.    THE BRANCH MANAGER,
      NEW INDIA ASSURANCE COMPANY LTD.,
      HANAMASHETTI BUILDING,
      GURUKUL ROAD,
      VIJAYAPURA-586101.
                                 ...RESPONDENTS

(SRI. MANVENDRA REDDY, ADVOCATE FOR R2; V/O DATED 28.07.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO TO MODIFY THE JUDGMENT AND AWARD DATED 08.10.2021 PASSED IN MVC NO. 841/2018 ON THE FILE OF THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY RS. 10,13,500/- ONLY AS CLAIMED BY THE APPELLANT.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

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.60,000/- (Rupees

Sixty 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 Claimant.

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

LG