Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI SANGRAM S.KULKARNI, MEMBER M.F.A. NO.101999/2024 (MV) LOK ADALAT NO.268/2025 BETWEEN:
SHRI BABAN S/O. MARUTI NAIK, AGE. 38 YEARS, OCC. CARPENTER, NOW NIL, R/O. MIRAJ, TQ. MIRAJ, DIST. SANGALI, NOW AT KUDACHI, TQ. RAIBAG, DIST. BELAAVI-593107. ...APPELLANT (BY SRI SANTOSH S.HATTIKATAGI, ADVOCATE)
AND:
1.
SHRI. RAKESH S/O. SANGAPPA KAMBLE, AGE. 54 YEARS, OCC. BUSINESS, R/O. ASANGI, TQ. JAMAKHANDI, DIST. BAGALKOT-593107.
2.
THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, HAVING ITS DIVISIONAL OFFICE AT, P.B. NO.1568, SITA SMRITI, MARUTI GALLI, BELAGAVI-572101. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2)
2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY JUDGMENT AND AWARD DATED 18.08.2022 PASSED IN MVC NO.910/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, RAIBAG, BY ENHANCING THE COMPENSATION AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION
ORDER IS PASSED:
CONCILIATION ORDER The
learned counsel for the claimant and the representative of Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.6,50,000/- (Rupees Six Lakh Fifty 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. Out of the said amount, Rs.3,00,000/- shall be released in favour of the claimant and remaining amount shall be
3 kept in fixed deposit in any nationalized bank of the choice of claimant for a period of three years. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimant without any orders from the Court.
4. The 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 CT: UMD. MRK