THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., CENTURY COMPLEX, OPP: TO SANGAM v. RAJKUMAR @ RAJU

THE HON’BLE MR. JUSTICE S.SUNIL DUTT YADAV AND SRI SUDHEER KULKARNI, MEMBER M.F.A. NO.200763 OF 2023 (MV) C/W M.F.A. CROB NO.200056 OF 2023 (MV) Lok Adalat No.712/2024 IN MFA NO.200763/2023: BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., CENTURY COMPLEX, OPP: TO SANGAM TALKIES, SUPER MARKET, KALABURAGI. (NOW REPRESENTED BY DIVL. MANAGER D.O, CENTURY COMPLEX, KALABURAGI) (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE) …APPELLANT AND:

RAJKUMAR @ RAJU S/O GURUNATH SONNAD, AGE: 34 YEARS, - 2 - OCC: AGRICULTURE AND NURSERY OF PLANTS, H.NO.10-2/75, SANGAMESHWAR COLONY, KALABURAGI – 585 101.

KUSHALKUMAR CHINCHOLIKAR S/O RAJENDRA CHINCHOLIKAR, AGE: 34 YEARS, OCC: ENGINEER/BUSINESS, R/O: H.NO.11-2390, CHOWDESHWARI COLONY, NEAR MANIKESHWAR TEMPLE, BRAHMPUR, KALABURAGI – 585 101. …RESPONDENTS (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 12.12.2022 IN M.V.C. NO.1107/2021 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T., KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA CROB NO.200056/2023 BETWEEN: RAJKUMAR @ RAJU S/O GURUNATH SONNAD, AGE: 33 YEARS, OCC: AGRICULTURE AND NURSERY OF PLANTS, H.NO.10-2/75, SANGAMESHWAR COLONY, KALABURAGI – 585 101. (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE) …CROSS OBJECTOR - 3 - AND:

2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., CENTURY COMPLEX, OPP: TO SANGAM TALKIES, SUPER MARKET, KALABURAGI – 585 102. KUSHALKUMAR CHINCHOLIKAR S/O RAJENDRA CHINCHOLIKAR, AGE: 33 YEARS, OCC: ENGINEER/BUSINESS, R/O: H.NO.11-2390, CHOWDESHWARI COLONY, NEAR MANIKESHWAR TEMPLE, BRAHMPUR, KALABURAGI – 585 101. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R; ) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 CPC, PRAYING TO HON’BLE COURT MAY KINDLY BE OF RS.37,23,600/- (EXCLUDING THE AMOUNT AWARDED BY THE MEMBER OF TRIBUNAL) ALONG WITH INTEREST BY SETTING ASIDE THE JUDGMENT AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T.-KALABURAGI DATED 12.12.2022, IN M.V.C. NO.1107 OF 2021, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEAL AND MFA CROB. COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The representative of the Appellant/Insurance Company and the learned counsel for the claimant are present. - 4 -

2. After prolonged negotiations, the matter is settled. The Appellant/Insurance Company has agreed to deposit and claimants have agreed to receive lump-sum of Rs.3,78,350/- (Rupees Three Lakh Seventy Eight Thousand Three Hundred and Fifty Only) (Rs.7,16,485/- arrived for compromise settlement less Rs.3,38,135/- deposited before the Tribunal) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

The entire amount shall be released in favour of the Claimant.

In view of the settlement arrived in MFA CROB No.200056/2023 claimant and MFA No.200763/2023 filed by the appellant/Insurance company is disposed off.

The appellant/Insurance company has agreed to deposit the said amount, before the Tribunal within six weeks from the date of preparation of the award, failing which the said amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The parties are not entitled for any cost. - 5 -

The amount in deposit if any shall be transferred to the Tribunal. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (SUDHEER KULKARNI) MEMBER BL/VGR