Citation : 2022 Latest Caselaw 4314 Kant
Judgement Date : 12 March, 2022
IN THE HIGH COURT LEGAL SERVICES COMMITTEE,
HIGH COURT OF KARNATAKA, KALABURAGI BENCH,
BEFORE THE LOK-ADALAT
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.202106/2019 (MV)
LOK ADALAT NO.155/2022
BETWEEN:
VRATENDRA REDDY S/O LATE CHUKKA REDDY
AGE: 47 YEARS OCC: AGRICULTURE AND BUSINESS
R/O: DEGALMADI TQ: CHINCHOLI
DIST: KALABURAGI,
NOW AT PLOT NO.108, VIJAYENDRA NILAYA,
KALYAN NAGAR,
KALABURAGI.
... APPELLANT
(BY SMT. SHRIDEVI S. TUPPAD , ADVOCATE)
AND:
01. YASHAPAL REDDY S/O VITHAL REDDY
AGE: MAJOR OCC: RIDER OF MOTOR-CYCLE
BEARING REG.NO.32-Y-3886
R/O: MUTTANGI TQ: HUMNABAD
DIST: BIDAR-584 111.
2
02. DR. RAVINDRA KUMAR S/O LATE CHUKKA REDDY
AGE: 65 YEARS OCC: MEDICAL PRACTITIONER
R/O: BUS-STAND ROAD, CHINCHOLI
TQ: CHINCHOLI DIST: KALABURAGI
(OWNER OF MOTORCYCLE BEARING
REG.NO.KA-32/Y-3886)
03. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, OPP: MINI
VIDHANA SOUDHA, STATION ROAD,
KALABURAGI-585 102.
... RESPONDENTS
(NOTICE TO R1 & R2 IS DISPENSED WITH BY SRI. RAHUL R. ASTURE, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV
ACT, PRAYING TO CALL FOR THE RECORDS AND SET-
ASIDE THE JUDGMENT AND AWARD DATED 15.06.2019
PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC.NO.434/2016 BY
ALLOWING THE APPEAL AND ENHANCE THE
COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION
BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER
CAME TO BE PASSED:
CONCILIATION ORDER
Learned counsel for the appellant and the
representative of Respondent - Insurance Company along
with its counsel are present.
2. On negotiations, the claimant and the insurer
have settled the matter for lump-sum compensation of
Rs.01,50,000/- (Rupees One-Lakh Fifty-Thousand Only), in
addition to the compensation awarded by the Tribunal, in
full and final settlement of the claim of the claimant. A
Joint Memo is filed on behalf of the parties to that effect.
The same is recorded.
3. The insurer has agreed to deposit the said
amount before the Tribunal within six weeks from the date
of drawing of the 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.
4. The amount settled shall be released to the
appellant - claimant with proper identification of the
appellant - claimant.
5. The Miscellaneous First Appeal stands disposed
of in terms of the Joint Memo. The award of the Tribunal
stands modified accordingly. Draw up the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER KJJ
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