Karnataka High Court
Basavaraj S/O Appasahegbgouda Biradar vs Vilas S/O Hanmanth Katwa & Anr on 8 April, 2017
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HIGH COURT LEGAL SERVICES COMMITTEE,
KALABURAGI
BEFORE THE LOK-ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 08TH DAY OF APRIL, 2017
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
DR. JAMBAYYA SWAMY HIREMATH, MEMBER
M.F.A.No.32663/2013 (MV)
(Lok Adalat No.103/2017)
BETWEEN:
Basavaraj s/o Appasahebgouda Biradar
Age: 22 Years Occ: Mechanic (Now Nil)
R/o: Yenkanchi, Dist: Bijapur,
Now residing at Venkatesh Nagar,
Managuli Road, Bijapur
Pin Code No.586101. ... Appellant
(By Sri.Babu.H.Metagudda, Advocate)
AND:
1. Vilas s/o Hanamanth Katwa
Age: 47 Years Occ: Service
R/o: 6th Cross, Nazar Camp,
Jyoti Towers, M.Vadagaon,
Belgaum
Pin Code No.586101.
Owner of the Toyota Innova
Car No.KA-22/N-5812.
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2. The Manager
IFFCO TOKIO General Insurance Co. Ltd.,
Service Officer 2nd floor,
Sikshaka Vishwasta Mandala,
Sikshak Bhavan, College Road,
Opp: Sanman Hotel
Belgum-590010.
... Respondents
(By Smt.Preeti Patil Melkundi, Advocate for R2:
Notice to R1 is dispensed with) This MFA is filed under section 173 (1) of MV ACT, pleased to call for the records in MVC.No.1637/2012 dated 17.08.2013 on the file of The Motor Accident Claims Tribunal No.IV at Bijapur and allow this appeal and modify the judgment and award dated 17.08.2013 passed in MVC.No.1637/2012 by the Motor Accident Claims Tribunal No.IV at Bijapur and enhancing the compensation from Rs.3,53,200/- with 6% interest to Rs.14,50,000/- with 12% interest and etc., This appeal coming on for Conciliation before Lok- Adalat, this day, the following order is passed:
CONCILIATION ORDER After due deliberations, the parties have arrived at a settlement. The appellant-claimant has agreed to 3 receive and the respondent - Insurance Company has agreed to pay global compensation of Rs1,32,000/- (Rupees One Lakh Thirty Two Thousand Only) in addition to what has been awarded by the Tribunal, towards full and final settlement of the claim. A joint memo is filed on behalf of the parties to that effect. However, this order is subject to approval of the Respondent authorities.
2. The respondent - Insurance Company has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit.
3. Entire amount awarded shall be released in favour of the appellant on proper identification. 4
4. Accordingly, Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stands modified. Draw award accordingly.
Sd/-
JUDGE Sd/-
MEMBER KJJ