FIRST APPEAL 100142 of 2023 on 27 December 2019

1. SRI. ASLAM BASH

S/O. NIJAMAHAMMAD,

AGE MAJOR, OCC: BUSINESS WORK,

RANEBENNUR TOWN,

TQ. RANEBENNUR,

DIST. HAVERI-581115.

2. SRI. MALATESH S. OLEKAR,AGE MAJOR, OCC. BUSINESS WORK, R/O. MUDENUR, TQ. RANEBENNUR, DIST. HAVERI-581115.

3. THE DIVISIONAL MANAGER,UNITED INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI, DIST. DHARWAD-580020.

(BY SRI. S. S. KOLIWAD, ADV. FOR R3)

…RESPONDENTS

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.12.2019 PASSED IN MVC NO.791/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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 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 sum of Rs.1,50,000/- (Rupees One 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. The said amount shall be released in favour of the claimant under due identification.

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

KAV CT: AN