Karnataka High Court
Vasant, S/O.Shiavappa Kurnal vs Makbulsab C.Pendari on 5 June, 2013
HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 5TH DAY OF JUNE, 2013
CONCILIATORS PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
MR. N.S.KTJLKARNI, MEMBER
MFA NO.23057 OF 2009 (MV)
Lok Adalat No.103/2013
BETWEEN
Vasant,
S/o. Shiavapp Kurnal,
Age: 33 years, 0cc: Ex-serviceman,
And Agriculturist,
R/o. Unkal Hubli,
Dist. Dharwad.
Appellant
(By Shri. Dinesh M. Kulkarni, Advocate.)
And
1. Makbulsab C Pendari,
Age: Major,
0cc: Owner of tom-tom Auto
Rickshaw No.KA-25/A-3697,
R/o. Kalasapur, Tq & Dist.Gadag.
2. Harish,
S/o. Bhimappa Guled,
Age: Major, 0cc: Business,
R/o. Tumarikoppa,
Tq: Kalaghatagi, Hubli,
2
Dist. Dharwad.
3. The United India Insurance CoLLtd.
Divisional Office, Enkay Complex,
Keshvapur, Hubli,
Dist. Dharwad.
Respondents
(By Shri. N.R. Kuppelur, Advocate for R-3;
R-1 & R-2 notice dispensed with v/o.05/06/2013)
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This MFA is filed U/S 173(1) of MV Act against the Judgment and Award Dated: 19.5.2009 passed in MVC No. 663/2007 on the file of the I Addl.Civil Judge (Sr.Dn.) and AddLM.A.C.T. Hubli, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for conciliation before Lok Adalat, after being referred by the Court, the following Conciliation Order is passed.
CONCILIATION ORDER The learned counsel for the appellant, the learned counsel for the third respondent and its representative are present.
2. After due deliberation in the matter, they have arrived at a settlement. The third Respondent has agreed to pay a sum of 45,000/- (Rupees Forty Five Thousand only) without interest, in addition to the amount already awarded by the Tribunal. The Appellant has agreed to receive the said amount in full and final settlement of the claim.
I .5
3. The third respondent has agreed to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which the amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit.
4. The parties have filed a Joint Memo in terms of their settlement, The settlement is in the best interest of the parties and therefore, accepted.
5. Accordingly, the Judgment and Award Dated:
19.5.2009 passed in MVC No. 663/2007 on the file of the I Addl.Civil Judge (Sr.Dn.) and Addl.M.A.C.T. Hubli, stands modified in terms of the Joint Memo.
The entire enhanced amount shall be released in favour of the appellant.
Draw up the award in terms of the Joint Memo, Sd/ JUDGE I I3MV*