Karnataka High Court
Saphira Ahammada @ Satir Ahamed vs Mr. B. Suresh S/O. Bharamappa on 9 March, 2019
1
HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF MARCH 2019
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE BELLUNKE A.S.
AND
SHRI S.S. BADAWADAGI, MEMBER
M.F.A. No.101192/2018 (MV)
(LOK ADALAT No.340/2019)
BETWEEN
SAPHIRA AHAMMADA @ SATIR AHAMED
S/O. NAZEER AHAMED
AGE:30 YEARS, OCC:MECHANIC WORK,
R/O. SASVEHALLI VILLAGE, TQ:HONNALI,
DIST:DAVANAGERE, NOW @ VIDYANAGAR,
RANEBENNUR TALUK, DIST:HAVERI-581115.
... APPELLANT
(BY SRI. G N NARASAMMANAVAR, ADV.)
AND
1. MR. B. SURESH S/O. BHARAMAPPA
AGE: MAJOR, OCC: BUSINESS,
R/O: C/O. MARUTHI, KAMMARAGATTI VILLAGE,
TQ: HONNALI, DIST: DAVANAGERE-577001.
2. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE COMPANY LTD.,
ENKAY COMPLEX, KESHWAPUR,
2
HUBBALLI-580023.
... RESPONDENTS
(BY SRI. S V YAJI & A.G.JADHAV, ADVS., FOR R2; R1 DISPENSED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.910/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH, 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.1,78,000/- (Rupees One lakh seventy eight thousand only), in addition to what has been awarded by the Tribunal, in full and final 3 settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. The entire amount shall be released in favour of the claimant.
3. 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.
4. 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 Mns/