Karnataka High Court
Mr. Dattu S/O Mahadev Mang vs Mr Basavaraj S/O Ramchandra Naik on 9 September, 2023
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HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9 T H DAY OF SEPTEMBER, 2023
CONCILIATORS PRESENT
THE HON'BLE MS. JUSTICE J.M.KHAZI
AND
SMT. CHETANA BIRAJ, MEMBER
M.F.A. NO.104186/2022 (MV)
LOK ADALAT NO.2328/2023
BETWEEN
MR. DATTU S/O MAHADEV MANG
AGE. 24 YEARS, OCC. COOLIE, NOW NIL,
R/O. KHANADAL, TQ. RAIBAG,
DIST. BELAGAVI-591317.
...APPELLANT
(BY SRI.ASHOK A NAIK, ADV.)
AND
1. MR. BASAVARAJ S/O RAMCHANDRA NAIK
AGE. MAJOR, OCC. BUSINESS,
R/O. MEKHALI, TQ. RAIBAG,
DIST. BELAGAVI-591317.
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2. THE DIVISIONAL MANAGER,
BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
THORUGH ITS DIVISIONAL OFFICE,
MADIWALE COMPLEX, CLUB ROAD,
BELAGAVI-590001.
....RESPONDENTS
(BY SRI.R.R.MANE, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 20.06.2018 PASSED IN MVC NO.2555/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, RAIBAG, ALLOWING THE PETITION FILED BY UNDER SECTION 166 OF MOTOR VEHICLE ACT.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the appellant 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.45,000/- (Rupees Forty Five thousand only), in addition to 3 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 entire amount shall be released in favour of the claimant on proper identification.
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 KGK