Ajay vs Tukaram And Anr
2023 Latest Caselaw 9960 Kant

Karnataka High Court

Ajay vs Tukaram And Anr on 9 December, 2023

                       1




     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.201667/2021 (MV)

             Lok Adalat No.549/2023

BETWEEN:

AJAY
S/O SIDDHAPPA URF SIDDANNA REDDY,
AGE: 36 YEARS, OCC: CLEANER,
R/O WATER TANK,
VIJAYAPUR-586101.

                                    ...APPELLANT

(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)

AND

1.    TUKARAM
      S/O RAMCHANDRA PAWAR,
                             2




     OCC: OWNER OF THE VEHICLE,
     R/O AT/PO TISANGI, TQ. PANDHARPUR,
     DIST. SOLAPUR-416416
     (MAHARASHTRA STATE)

2.   THE MANAGER,
     THE RELIANCE GENERAL INSURANCE CO. LTD.,
     NOTICE TO BE SERVED AT HUBLI,
     SOLAPUR-416416
     (MAHARASHTRA STATE)

                                        ...RESPONDENTS

(SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2; V/O DATED 06.02.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 25-09-2018 PASSED IN MVC NO. 450/2012 ON THE FILE OF THE COURT OF THE III ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT NO.IV, AT VIJAYAPUR AND ALLOW THIS APPEAL AND TO GRANT THE COMPENSATION AMOUNT OF RS. 11,50,000/- 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.2,50,000/- (Rupees Two Lakhs

Fifty 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