Mallappa vs Shri Laxmi Roadlines And Anr
2023 Latest Caselaw 10005 Kant

Karnataka High Court

Mallappa vs Shri Laxmi Roadlines And Anr on 9 December, 2023

                         1




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

       IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH
 DATED THIS THE 9TH DAY OF DECEMBER, 2023
             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                       AND
     SRI. SHARANAGOUDA V. PATIL , MEMBER

           M.F.A. NO.202121/2023 (MV)

             Lok Adalat No.590/2023

BETWEEN:

1.    MALLAPPA
      S/O ERAPPA
      AGE: 37 YEARS, OCC: AGRICULTURE LABOUR NOW
      NIL,
      R/O VILLAGE YANGUNTA,
      TQ. JEWARGI, DIST. KALABURAGI.

                                    ...APPELLANT

(BY SRI. SANJEEV PATIL, ADVOCATE)

AND

1.    SHRI LAXMI ROADLINES,
      NO.42, AIRPORT ROAD, GANDHI NAGAR,
                            2




       BELAGAVI,
       BELGAUM-590010.

2.     THE DIVISIONAL MANAGER,
       NATIONAL INSURANCE CO. LTD.,
       DIVISIONAL OFFICE, BILGUNDI MANSION,
       STATION ROAD,
       OPP. MINI VIDHAN SOUDHA,
       KALABURAGI-585102.

                                   ...RESPONDENTS

(SRI. SUDARSHAN M., ADVOCATE FOR R2; V/O DATED 11.07.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.03.2023 PASSED BY COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO. 372/2021 AND ENHANCE THE COMPENSATION AS PRAYED FOR.

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.2,69,000/- (Rupees Two Lakhs

Sixty Nine 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 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

LG