Suresh vs Virupakshyya And Anr
2023 Latest Caselaw 10010 Kant

Karnataka High Court

Suresh vs Virupakshyya 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 9TH DAY OF DECEMBER, 2023
              CONCILIATORS PRESENT

        THE HON'BLE MR. JUSTICE C.M.JOSHI
                       AND
       SRI. LIYAQAT FAREED USTAD , MEMBER
            M.F.A. NO.202312/2023 (MV)
              Lok Adalat No. 469/2023
BETWEEN:

SURESH S/O GURULINGAPPA RAMGOND,
AGE: 41 YEARS, OCC: COOLIE, NOW NIL,
R/O ANAKAL, TQ: KALAGI,
DIST: KALABURAGI
                                   ...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)

AND

1.     VIRUPAKSHAYYA S/O CHANNABASAYYA SALI,
       AGE: MAJOR, OCC: BUSINESS,
       R/O NEAR MAIBU SUBANI DARGA, KALAGI,
       TQ: CHITTAPUR, DIST: KALABURAGI-585211
       (OWNER -CUM-DRIVER OF TRUCK BEARING
       NO. KA-32/C-6105)
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2.    HDFC ERGO GENERAL INSURANCE CO.LTD.,
      THROUGH ITS BRANCH MANAGER,
      ASIAN PLAZA, NEAR SVP CIRCLE,
      STATION ROAD, KALABURAGI-585102
                                    ...RESPONDENTS

( NOTICE TO R1 IS DISPENSED WITH; BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO CALL FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 05.04.2023 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE & MACT AT KALABURAGI IN MVC NO. 754/2021 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST AND JUSTICE AND EQUITY.

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.1,90,000/- (Rupees One Lakh

Ninety 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

msr