Rajendra S/O Yeshwantrao Survase vs Chandraya S/O Mallanna ...
2022 Latest Caselaw 4306 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.200173/2021 (MV)
                 Lok Adalat No.141/2022
Between:
Rajendra S/o Yeshwantrao Survase,
Age: 61 years, Occ: Govt. As Head Master,
Govt. Higher Primary School, Jalibenchi, Now Retired,
Tq: Shorapur, R/o Nirgudi, Tq: Aland,
Now R/o Bhavni Nagar-Kalaburagi-585 102.
                                              ... Appellant
(By Sri Bapugouda Siddappa, Advocate)
And:
1.     Chandraya S/o Mallanna Devanagaon,
       Age: Major, Occ: Contractor,
       R/o: Gogi-K, Tq: Shahapur,
       Dist: Yadgir-585 223.

2.    The Divisional Manager,
      The Oriental Insurance Company Ltd,
      Divisional Office, Opp: Mini Vidhan Soudha,
      Station Road, Kalaburagi-585 102.
                                            ... Respondents

(By Sri Uday P. Honguntikar, Advocate for R2; R1 served but unrepresented)

This Miscellaneous First Appeal is filed under Section 173(1) of the M.V.Act, praying to modify the judgment and award dated 11.11.2019 passed in MVC No.737/2018 on the file of the Court of the II Additional Senior Civil Judge and Motor Accident Claims Tribunal Kalaburagi at Kalaburagi and allow this appeal by granting the compensation amount by Rs.18,16,800/- only as claimed by the appellant before this Court.

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.2,00,000/- (Rupees Two 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 enhanced 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

swk