Ismail Ahmed S/O Afsar Pasha vs Rajkumar And Anr
2023 Latest Caselaw 9972 Kant

Karnataka High Court

Ismail Ahmed S/O Afsar Pasha vs Rajkumar 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 09TH DAY OF DECEMBER, 2023

                CONCILIATORS PRESENT

           THE HON'BLE MR. JUSTICE C M JOSHI
                           AND
          SRI. LIYAQAT FAREED USTAD, MEMBER

               M.F.A. No.202109/2019 (MV)
                Lok Adalat No. 535/2023

BETWEEN:

     ISMAIL AHMED
     S/O AFSAR PASHA,
     AGE: 48 YEARS,
     OCC: AGRICULTURE,
     R/O VILLAGE KAMTHANA,
     TQ & DIST: BIDAR.

                                            ... APPELLANT
(BY SRI. SANTOSH BIRADAR, ADVOCATE)

AND:

1.   RAJKUMAR
     S/O ANNEPPA PATIL,
     AGE: MAJOR,
     OCC: BUSINESS,
     R/O H.NO: 9-4-48, S
     IDDESHWAR SADAN,
                                2




     SAI COLONY, GANDHI GUNJ,
     BIDAR-585401.

2.   THE BRANCH MANAGER,
     M/S ORIENTAL INSURANCE CO. LTD.,
     SHOP NO.3,
      KAMSHETTY COMPLEX,
     NEAR BUS-STAND,
     BIDAR-585401.

                                           ... RESPONDENTS

(NOTICE TO R1 DISPENSED WITH BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,

PRAYING TO ALLOW THE APPEAL, MODIFY THE IMPUGNED

JUDGMENT AND AWARD DATED: 01.01.2019 PASSED BY

THE ADDL. SENIOR CIVIL JUDGE & MACT, AT BIDAR, IN

MVC NO: 623/2016, AND ENHANCE THE COMPENSATION

AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND

EQUITY.

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.

Notice to respondent No.1 is dispensed with, at

the risk of the appellant.

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.1,00,000/-

(Rupees One Lakh 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. 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

MSR