Karnataka High Court
Suresh S/O Shivalingappa Wali vs Shankar S/O Neelappa Lamani on 12 November, 2022
HIGH COURT LEGA L SERVI CES COMMITTEE,
DHARWAD BEN CH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BEN CH
DATED THIS THE 12 T H DAY OF NOV EMBER, 2022
CONCILIAT ORS PRESENT:
HON'BLE MR.J USTI CE S . S UNIL DUTT YADAV
AND
SRI.S.L.MATTI, MEMBER
M.F.A .No.101612/ 2020 [MV]
(Lo k Adalat No.2348/2022)
BETWEEN:
SURESH S/O SHIV ALINGAPPA WA LI
AGE:59 Y EARS, OCC:KIRANI MERCHA NTS
(NOW NIL) , R/ O Y ARAGATTI VILLA GE,
TQ:SAUNDATTI, D IST:BELAGAV- 591126.
...APPELLANT
(BY SRI.G.R. TURMARI, ADVOCATE)
AND:
1. SHANKAR S/O NEELAPPA LAMANI
AGE:MAJOR, OCC:BUSINESS,
R/O HOUSE NO.679 BH ANIMALS SHELTER
NEW VADDEM, MORMUGAU-GOA, SOUTH GOA-403802.
2. THE DIVISIONAL MANAGER
IFFCO-TOKIO GENERAL INSURANCE CO. LTD.
A/2, RELIANCE HOUSE 1ST AND 2ND FLOOR,
ISIDORIOBAPTIST ROAD, PAIGIPOND, MARMUGAO
GOA-403601.
....RESPONDENTS
(BY SRI. M.Y. KATAGI, ADVOCATE FOR R2) 2 (R1-NOTICE DISPENSED WITH) THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY BY ENHANCING THE COMPENSATION IN THE JUDMENT AND AWARD PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI IN MVC NO.1944/2016 DATED 17.09.2019 AND ALLOW THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
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.29,000/- (Rupees Twenty Nine 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
3. The said 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 JTR