Malappa Mahadu @ Mahadevrao Gawade vs Sandeep Patil And Anr
2023 Latest Caselaw 9990 Kant

Karnataka High Court

Malappa Mahadu @ Mahadevrao Gawade vs Sandeep Patil 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.201044/2022 (MV)
                Lok Adalat No. 540/2023


BETWEEN:

     MALAPPA MAHADU
     @ MAHADEVRAO GAWADE,
     AGED ABOUT 54 YEARS,
     OCC: LABOUR NOW NIL,
     R/O H.NO.111, GHOTALA VILLAGE,
     TQ: BASAVAKALYAN, DIST: BIDAR.

                                       ... APPELLANT
(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)


AND:

1.   SANDEEP PATIL S/O ASHOKRAO PATIL,
     AGE: 46 YEARS, OCC: DRIVER AND OWNER OF
     MARUTI CAR NO.MH-24/A-0008,
     R/O SHIVALAYA, GANESH NAGAR,
                            2




     AUSA TQ:AUSA DIST: LATUR-413520,
     MAHARASHTRA STATE.

2.   THE DIVISIONAL MANAGER,
     ORIENTAL INSURANCE COMPANY LTD.,
     OPP.MINI VIDHAN SOUDHA,
     STATION ROAD,
     KALABURAGI-585101.
                                  ... RESPONDENTS

(BY SRI. J.AUGUSTIN, ADVOCATE FOR R2; NOTICE TO R1 IS D/W V/O DTD: 29.07.2022)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173 (I) OF THE MOTOR VEHICLE ACT,

PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED

30.01.2020 PASSED BY THE II ADDL.DISTRICT AND

SESSIONS COURT AND ADDL.MACT BIDAR SITTING AT

BASAVAKALYAN, IN M.V.C NO.520/2018, BY ENHANCING

THE COMPENSATION, 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.

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.1,45,000/- (Rupees One Lakh

Forty Five 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. 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 NR/-