Karnataka High Court
Azan S/O. Aijaz Chonche vs Chadravati W/O. Chandrashas Anavekar on 13 August, 2022
HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13 T H DAY OF AUGUST, 2022
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
SHRI L.T. MANTAGANI, MEMBER
M.F.A.No.103799/2018 (MV)
LOK ADALAT No.1593/2022.
BETWEEN:
AZAN S/O. AIJAZ CHONCHE,
AGE:24 YEARS, OCC:STUDENT,
R/O. FLAT NO.4, MEER ARCADE,
CLUB ROAD, BELAGAVI-590001.
...APPELLANT
(BY SHRI VITTHAL S.TELI, ADVOCATE)
AND:
1. CHADRAVATI W/O. CHANDRAHAS
ANAVEKAR, AGE:MAJOR,
OCC:BUSINESS, R/O. SY.NO.4813/B,
GAJATARA BUILDING, 5 T H CROSS,
BHAGYA NAGAR, ANGOL BELAGAVI.
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2. ICICI LOMBARD GENERAL
INSURANCE COMPANY,
REPRESENTED BY ITS
DIVISIONAL MANAGER,
DIVISIONAL OFFICE,
GOKUL ROAD, HUBBALLI.
...RESPONDENTS
(BY SHRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2;
NOTICE TO R1 SERVED & UNREPRESENTED)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26.07.2018 PASSED IN MVC NO.1713/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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CONCILIATION ORDER Learned counsel for claimant and representative of Insurance Company along with its counsel are present.
2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.1,83,000/- (one lakh eighty three thousand rupees 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 claimant forthwith.
4. Insurance Company has agreed to deposit the said amount before 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. 4
5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
6. The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith.
Sd/-
JUDGE Sd/-
MEMBER AM