HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER MISCELLANEOUS FIRST APPEAL NO.100775 OF 2023 (MV I) LOK ADALAT NO. 206/2025 BETWEEN KHUTUBUDDIN S/O. AMEENSAB TAVARGERE, AGE: 37 YEARS, OCC: LABOURER, R/O. TIMMASAGAR CROSS, NEKAR NAGAR, OLD-HUBBALLI , TQ: HUBBALLI-580024. ...APPELLANT (BY SRI. ANKIT R. DESAI, ADVOCATE) AND 1. KHUTUBUDDIN S/O. PATESAB TORGALLA, AGE: 50 YEARS, OCC: BUSINESS, R/O. #111, SIDDHARUDHNAGAR HEGGERI, DIST: HUBBALLI-580001, (OWNER OF THE MOTOR CYCLE BEARING NO. KA -63/H-6123) 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580001. ….RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2) 2 THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY ENHANCE THE COMPENSATION AMOUNT AND BY MODIFYING THE JUDGMENT AND AWARD DATED 01.12.2022 IN MVC NO.750/2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI ALLOWING THE CLAIM PETITION IN ITS ENTIRETY WITH 9% INTEREST IN THE ENDS OF JUSTICE AND EQUITY. THIS 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 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 sum of Rs.10,000/- (Rupees Ten 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 3. The said amount shall be released in favour of the claimant 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 SH Ct:MCK