Nagaraj vs Prakash Kumar And Anr
2023 Latest Caselaw 10007 Kant

Karnataka High Court

Nagaraj vs Prakash Kumar And Anr on 9 December, 2023

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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 09TH DAY OF DECEMBER, 2023

               CONCILIATORS PRESENT

        THE HON'BLE MR. JUSTICE C M JOSHI
                         AND
        SRI. LIYAQAT FAREED USTAD, MEMBER

              M.F.A. No.200942/2020 (MV)
               Lok Adalat No.   509/2023

BETWEEN:

    NAGARAJ
    S/O SIDDANNA IVANI,
    AGE: 27 YEARS,
    OCC: DRIVER OF TANKER NOW NIL
    R/O VILLAGE PETH SHIROOR,
    TQ: CHITTAPUR,
    DIST: KALABURAGI,
    NOW RESIDING AT HEBBAL,
    TQ: CHITTAPUR.

                                           ... APPELLANT
(BY SRI. SANJEEV PATIL AND
    SRI. V.S. REDDY, ADVOCATES)
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AND:

1.   PRAKASH KUMAR,
     AGE: MAJOR, OCC: NOT KNOWN,
     OWNER OF HERO HONDA SPLENDOR
     PLUS MOTOR CYCLE BEARING
     REGN. NO. KA.32.R.1807
     R/O H.NO.174, KANTHA COLONY,
     KALABURAGI-585104.

2.   THE DIVISIONAL MANAGER,
     THE ORIENTAL INSURANCE COMPANY LIMITED,
     DIVISIONAL OFFICE,
     N.G. COMPLEX, 1ST FLOOR,
     OPP: MINI VIDHANA SOUDHA,
     KALABURAGI-585102.

                                    ... RESPONDENTS

(NOTICE TO R1 IS D/W V/O DTD: 09.11.2021 BY SRI. SUDARSHAN M, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO EXERCISE ITS APPELLANT JURISDICTION, CALL FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED: 03.06.2020 PASSED BY THE LEARNED SENIOR COVO; KIDGE & MACT AT CHITTAPUR IN MVC NO.270/2018 BY ENHANCING THE COMPENSATION AMOUNT OF RS.14,23,800/- AND ALSO ENHANCE THE INTEREST PAYABLE BY THE RESPONDENTS ON THE COMPENSATION AMOUNT, AND FURTHER BE PLEASED TO ALLOW THIS APPEAL FILED BY THE APPELLANT HEREIN IN THE ENDS OF JUSTICE.

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.2,05,000/-

(Rupees Two Lakh Five 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. 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

NR/-