Karnataka High Court
Mr Sanjeev S/O Ramappa Mang vs Mr. Basavaraj S/O Ramchandra Naik on 9 September, 2023
1
HIGH COURT LEGA L SERVI CES COMMITTEE
DHARWAD BEN CH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH
DATED THIS THE 9 T H DAY OF S EPTEM BER, 2023
CONCILIAT ORS PRESENT
THE HON'BLE MS. JUSTICE J.M.KHAZI
AND
SMT. CHETANA BIRAJ, MEMBER
M.F.A . N O.104294/2022 (MV)
LOK ADA LAT NO.2310/2023
BETWEEN
1 . MR. SANJEEV S/O RAMAPPA MANG
AGE. 28 YEARS, OCC. NIL,
R/O. KHANADAL, TQ. RAIBAG,
DIST. BELAGAVI-591317.
2 . MR YALLAPPA S/O RAMAPPA MANG
AGE. 26 YEARS,
OCC. CENTERING COOLIE NOW NIL,
R/O. KHANADAL, TQ. RAIBAG,
DIST. BELAGAVI-591317.
...APPELLANTS
(BY SRI.ASHOK A NAIK, ADV.)
AND
1. MR. BASAVARAJ S/O RAMCHANDRA NAIK
AGE. MAJOR, OCC.BUSINESS,
2
R/O. MEKHALI, TQ. RAIBAG,
DIST. BELAGAVI-591317.
2. THE DIVISIONAL MANAGER,
BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
THROUGH 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.2553/2016 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 CONCI LIA TION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CON CILIATION ORD ER I S PASSED:
CONCILIATION ORDER The learned counsel for the appellants and the representative of Respondent-Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellants-claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a global 3 compensation of Rs.3,25,000/- (Rupees Three lakh twenty five 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. The order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal 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