Shri. Basappa S/O Yallappa Kurahatti vs Shri. Asif S/O Mahaboobsab Badami
2023 Latest Caselaw 9941 Kant

Karnataka High Court

Shri. Basappa S/O Yallappa Kurahatti vs Shri. Asif S/O Mahaboobsab Badami on 9 December, 2023

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HIGH COURT LEGA L SERVI CES COMMITTEE, D HARWAD BENCH

                   BEFORE THE LOK ADALAT

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BEN CH

        DATED THIS THE 9 T H DAY OF D ECEMBER, 2023

                   CONCILIAT ORS PRESENT

           THE HON'BLE MR. JUSTICE H.P.SANDESH

                             AND

        SHRI. S HIVAKUMAR S. BADAWADAGI , MEMBER

                 M.F.A . N O.104000/2022 (MV)
                  LOK ADA LAT NO.2333/2023

BETWEEN

1.    SHRI. BASAPPA S/O YALLAPPA KURAHATTI
      AGE. 57 YRS, OCC. AGRICULTURE,

2.    SMT SHAVAKKA W/O BASAPPA KURAHATTI
      AGE. 47 YRS,
      BOTH ARE R/O. HIREKOPPA
      TQ. GADAG, DIST. GADAG 582209
                                                ...APPELLANTS
(BY SRI. SIDDAPPA S SAJJAN , ADV OCATE)

AND

1.    SHRI. ASIF S/O MAHABOOBSAB BADAMI
      AGE. 47 YRS,
      R/O. BEHIND VENKATESH THEATER GADAG
      TQ AND DIST GADAG 582202

2.    THE MANAGER
      SRI RAM GENERAL INSURANCE COMPANY LTD
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     CTS NO 477/1M1
     1ST FLOOR V.A KALABURGI
     HALMARK BUILDING DESAI CROSS PINTO ROAD
     HUBLI, DIST DHARWAD 580029
                                           ...RESPONDENTS

(BY SRI.NAGA RAJ C KOLLOORI , ADV OCATE FOR R2, NOTICE TO R1 DI SPENSED WITH)

THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER SECTION 173( 1) OF MOTOR VEHI CLES ACT , 1988 A GAINST THE JUDGMENT A ND AWARD DATED 13.10.2021PAS SED IN MVC NO.96/2020 ON THE FILE OF THE MOTOR ACCI DENT CLAIMS TRIBUNA L, GADAG, BY A LLOWING THIS A PPEAL, ETC.

THIS MFA COMING ON FOR CONCI LIA TION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CON CILIATION ORD ER I S PASSED:

CONCILIATION ORDER

The learned counsel for the appellants and the

representative of Respondent-Insurance Company along with its

counsel are present.

2. After prolonged negotiations, the matter is settled. The

Appellants-claimants have agreed to receive and the

Respondent-Insurance Company has agreed to pay a global

compensation of Rs.5,40,000/- (Rupees Five Lakh Forty

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 said amount shall be released in favour of the

claimants digitally in equal proportion.

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 sh