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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.103342/2024 (MV) LOK ADALAT NO.257/2025
BETWEEN:
SHRI. MALAGOUDA S/O. NIVRATTI PATIL, AGE. 26 YEARS, OCC. CONTRACT SUPERVISOR, R/O. TORANAHALLI, TQ. CHIKODI, DIST. BELAGAVI-593107. ...APPELLANT
(BY SRI SANTOSH HATTIKATAGI, ADVOCATE)
AND:
1.
SHRI. HANAMANT S/O. SAHEBRAO SALUNKHE, AGE. 35 YEARS, OCC. DRIVER AND OWNER, R/O. ROOM NO.13, JAI BHARAT SANGH, HANUMAN GALLI, KANJURMARG VILLAGE WEST, NEAR SAI MANDIR, MUMBAI-400042, MUMBAI SUBURBAN, MAHARASHTRA.
2.
THE LEGAL EXECUTIVE OFFICER, TATA AIG GENERAL INSURANCE CO. LTD., HALL MARK BUILDING, DESAI CROSS, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD,
2 THE POLICY ISSUED BY THE TATA MOTOR INSURANCE BROKING AND ADVISORY SERVICE LIMITED, 1ST FLOOR, AFL HOUSE, LOK BHARATI COMPLEX, MAROL MAROSHI ROAD, ANDHERI (EAST), MUMBAI-400042.
…RESPONDENTS
(BY SRI MADHUKESHWAR DESHPANDE, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 26.02.2024 PASSED IN MVC NO.970/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKODI, BY ENHANCING 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.3,00,000/- (Rupees three lakh only), in addition to what has been awarded
3 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 said amount shall be released in favour of the claimant.
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. RHR/-