Karnataka High Court
Manjunath Narasimha Kiragere, vs Rsc Calicut Tata Motors Ltd., on 12 August, 2017
M.F.A.No.101214/2016
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HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2017
CONCILIATORS PRESENT:
THE HONOURABLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
AND
SHRI RAVI S. BALIKAI, MEMBER
M.F.A.No.101214/2016 [MV]
(Lok Adalat No.543/2017)
BETWEEN:
SRI MANJUNATH NARASIMHA KIRAGERE,
AGE 34 YEARS, OCC: DRIVER AND
AGRICULTURIST,
R/O. BIGOR, TQ. YALLAPUR,
DIST. UTTAR KANNADA.
... APPELLANT
(BY SRI GIRISH S. HIREMATH, ADV.)
AND:
1 RSC CALICUT,
TATA MOTORS LIMITED,
K.R.S. CENTRE, CALICUT,
KANNUR ROAD,
CALICUT - 573529
M.F.A.No.101214/2016
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2 NEW INDIA ASSURANCE CO, LTD.,
REGD. ADD: H.O. NEW INDIA
ASSURANCE CO, LTD.,
FORT, MUMBAI - 400023,
BRANCH OFFICE,
C/O. TATA MOTORS LTD.,
PIMPRI.
... RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADV. FOR R2 ; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:
07.10.2015, PASSED IN MVC.NO.135/2011 ON THE FILE OF THE FILE OF THE MEMBER, ADDL. MACT, YELLAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT ON 05.07.2017 AND COMING ON FOR CONCILIATION THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The matter was taken up in Lok Adalath.
2. Both sides present.
3. Conciliation was held.
M.F.A.No.101214/20163
4. Learned counsels appearing for the claimant and the 2nd respondent-Insurance Company have filed a Joint Memo, settling the matter for `55,000/- (Rupees Fifty five thousand Only) as enhancement in addition to what has been awarded by the MACT below.
5. Perused the said Joint Memo, the same is acceptable.
6. The respondent No.2 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 the rate of 9% per annum from the date of default, till the date of deposit.
7. Parties are not entitled to any costs.
8. The terms of the joint memo is agreed to be full and final settlement between the parties with their free will and consent.
M.F.A.No.101214/20164
9. The enhancement given today which is a sum of `55,000/- not being a huge amount, the entire amount to be released to the claimant in accordance with law, after its deposit by the 2nd respondent-Insurance company.
The appeal is settled and stands disposed off on the above terms.
Draw the award, accordingly.
Sd/-
JUDGE Sd/-
MEMBER *Svh/-