Hanamanth S/O Kashnath Bandiwaddar vs Sharanabasappa And Anr
2023 Latest Caselaw 10018 Kant

Karnataka High Court

Hanamanth S/O Kashnath Bandiwaddar vs Sharanabasappa 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 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.202909/2022 (MV)
                Lok Adalat No. 505/2023

BETWEEN:

     HANAMANTH S/O KASHINATH BANDIWADDAR,
     AGE: 20 YEARS, OCC: CATTLE GRAZING &
     LABOUR WORK, NOW NIL,
     R/O KINNI SADAK, TQ.KAMALAPUR,
     DIST: KALABURAGI, NOW AT DANDOTI, TQ:
     CHITTAPUR, DIST: KALABURAGI.

                                            ... APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)

AND:

1.   SHARANABASAPPA
     S/O RUDRAMUNI PATIL,
     AGE: MAJOR, OCC: OWNER OF CAR
     BEARING NO. KA-32/M-7456,
     R/O KNNI SADAK, TQ: KAMALAPUR,
     DIST: KALABURAGI-585313.
                                 2




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

                                                ... RESPONDENTS

(VIDE ORDER DATED 04.01.2023 NOTICE TO R1 IS DISPENSED WITH;

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 APPELLATE JURISDICTION, CALL FOR THE ENTIRE LOWER COURT REOCRDS AND MODIFY THE JUDGMENT AND AWARD DATED 17.032022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE & MACT AT CHITTAPUR IN MVC NO.1065/2020 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST OF 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.1,85,000/-

(Rupees One Lakh Eighty 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

SMP