HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD

BEFORE THE LOK ADALATH

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 8TH DAY OF SEPTEMBER, 2018

CONCILIATORS PRESENT:

HON'BLE MR.JUSTICE B.VEERAPPA

AND

SHRI RAVI S.BALIKAI, MEMBER

MFA No.101248/2017 (MV) (LOK ADALAT No.1946/2017)

BETWEEN:

SHRI MADHUKAR MAHADEV SAMANT AGE: 70 YEARS, OCC: RUNNING PRINTING PRESS AT PRESENT NIL, R/O: 19, VAIDH APARTMENT, PLOT NO.2, M.G. ROAD, TILAKWADI, BELAGAVI, DIST: BELAGAVI-590006

... APPELLANT

(BY SRI. SANJAY S KATAGERI, ADV.)

AND

1. SMT. RADHIKA GOPAL KAMAT AGE: ABOUT 47 YEARS, OCC: BUSINESS, R/O: SHRI KRISHNA PLASTIC, MADANGERI, KUMATA, DIST: KARWAR (NORTH KARNATAKA)-581344 (OWNER OF MAHINDRA BOLERO BEARING REGD.NO.KA-47/M-3248)

2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., RAMDEV GALLI, BELAGAVI-590002 (INSURER OF MAHINDRA BOLERO BEARING REGD.NO.KA-47/M-3248) ... RESPONDENTS (BY SRI. S C JAINAR, ADV. FOR R2) (R1-DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.04.2016 PASSED IN MVC NO.1585/2015 ON THE FILE OF THE VIII-ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI 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 compensation of Rs.60,000/- (Rupees Sixty Thousand only), in addition to what has been awarded by the

: 2 :

Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.

3. The entire amount shall be released in favour of the appellant-claimant.

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

JTR