Mohd. Khalid S/O Mohd.Sardarmiyan vs Raghavendra S/O Sharanappa And Ors
2023 Latest Caselaw 9967 Kant

Karnataka High Court

Mohd. Khalid S/O Mohd.Sardarmiyan vs Raghavendra S/O Sharanappa And Ors 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.201309/2017 (MV)

             Lok Adalat No.555/2023

BETWEEN

MOHD. KHALID
S/O MOHD. SARDARMIYAN,
AGED: 45 YEARS,
OCC: EX-ELECTRICIAN,
R/O H.NO.7-845, NAYAMOHALLA,
DARGA ROAD,
KALABURAGI.
                                    ...APPELLANT

(BY SRI. SANJEEV PATIL, ADVOCATE)

AND

1.    RAGHAVENDRA
      S/O SHARANAPPA,
                          2




     AGED: 48 YEARS,
     OCC: OWNER OF INDIGO CAR
     BEARING REG.NO.KA-32/B-6344,
     R/O PLOT NO.5, NGO COLONY,
     NEW JEWARGI ROAD,
     KALABURAGI-585103.

2.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     DR. JAWALI COMPLEX,
     SUPER MARKET,
     KALABURAGI-585103.

3.   DR. ARUNDHATI S. PATIL,
     AGED: 40 YEARS,
     OCC: OWNER OF MARUTI VAGNAR,
     BEARING REG.NO.KA-32/M-6710,
     R/O H.NO.1-9/9, KHUBA PLOT,
     KALABURAGI-585103.

4.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE CO. LTD.
     OPP. MINI VIDHANA SOUDHA,
     STATION MAIN ROAD,
     KALABURAGI-585103.

5.   VIKRANTH
     S/O SHARANGOUDA PATIL,
     AGE: 29 YEARS, OCC: OWNER OF MARUTI WAGONR
     BEARING NO. KA.32/M-6710,
     R/O H.NO.82 DOLLOR'S COLONY,
     KUSNOOR ROAD,
     KALABURGI-585103.
                                 ...RESPONDENTS

(SRI. MANVENDRA REDDY, ADVOCATE FOR R2; SRI. S. S. ASPALLI, ADVOCATE FOR R4; V/O DATED 18.02.2021 NOTICE TO R1 AND R3 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.119/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI AND THE IMPUGNED JUDGMENT AND AWARD DATED- 16.12.2016 CAUSED IN MVC NO.119/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, KALABURAGI MAY BE MODIFIED BY GRANTING COMPENSATION AS CLAIMED IN THE CLAIM PETITION AGAINST RESPONDENT NO.1 TO 4 AND THIS MFA MAY BE ALLOWED AS PRAYED WITH COST.

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 representatives of Respondent Nos.2 and 4-

Insurance Companies along with their counsel are

present.

2. After prolonged negotiations, the matter is

settled. The Appellant/Claimant has agreed to receive

and Respondent Nos.2 and 4-Insurance Companies

have agreed to pay a global compensation of

Rs.60,000/- (Rupees Sixty Thousand only) in the ratio

of 50% each, 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. Respondent Nos.2 and 4 - Insurance

Companies have 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