Sanganna S/O Siddanna vs K. Srinivasrao And Anr
2022 Latest Caselaw 4268 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 12TH DAY OF MARCH, 2022
                 CONCILIATORS PRESENT

        THE HON'BLE MR. JUSTICE K.SOMASHEKAR
                           AND
                 SRI. A.M.PATIL, MEMBER
               M.F.A. No.200876/2021 (MV)
                 Lok Adalat No.201/2022

Between:
Sanganna S/o Siddanna
Age: 39 years, Occ: Electrician (Now Nil)
R/o H.No.137, Basaveshwar Nagar
Yadgir, Tq: & Dist: Yadgir
                                             ... Appellant

(By Sri Amareshwar S. Rawoor, Advocate)


And:

1.     K. Srinivasrao S/o Venkatasubbarao
       Age: 52 years, Occ: Agri./Owner of the
       Lorry bearing Regn. No.AP-21/BE-3699
       R/o 13-14, Srinivaspuram, Yelluru Kurnool
       Tq: Kurnool, Dist: Mehaboobnagar-509 001

2.     ICICI Lombard General/Motor Insurance Co. Ltd.
       Through its General Manager
       No.3/5, S.V.Archade-3 Floor
       Near A.K. Asain Grand, 3rd Floor
                                2




      Opp: GESCOM Office, Station Road
      Kalaburagi. Tq. & Dist: Kalaburagi-585 101

                                            ... Respondents

(By Sri Manjunath Mallayya Shetty, Advocate for R2; V/o dated 31.08.2021, notice to R1 is dispensed with)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, praying to call for the records and set aside the judgment and award passed by the Court of the Senior Civil Judge and MACT-II, Yadgir at Yadgir in MVC No.154/2019 dated 03.05.2021 by modifying the impugned order and allow the claim petition by granting the relief as prayed for by the appellant.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the appellant/claimant 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

global compensation of Rs.1,00,000/- (Rupees One Lakh

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. Entire amount shall be released in favour of

the 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 RSP