Gangappa S/O Chandappa Kuruba vs Parvathreddy S/O Gurunathreddy
2023 Latest Caselaw 10021 Kant

Citation : 2023 Latest Caselaw 10021 Kant
Judgement Date : 9 December, 2023

Karnataka High Court

Gangappa S/O Chandappa Kuruba vs Parvathreddy S/O Gurunathreddy 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.203446/2023 (MV)
            Lok Adalat No. 491/2023
BETWEEN:
GANGAPPA S/O CHANDAPPA KURUBA,
AGE: 41 YEARS, OCC: AGRICULTURE &
SHEEP GAZING, NOW NIL,
R/O ITLAPUR, TQ: KODANGAL,
DIST: MAHEBOOB NAGAR (TS)            ...APPELLANT

(BY SRI SANJEEV PATIL, ADVOCATE)

AND
1.  PARVATHREDDY S/O GURUNATHREDDY,
    AGE: 56, OCC: OWNER OF TATA INDIGO,
    CS BEARING NO. KA-32/M-7550,
    R/O PLOT NO. 24, SHANTI NAGAR,
    MSK MILL ROAD, KALABURAGI-585104.
2.    THE MANAGER,
      ORIENTAL INSURANCE COMPANY LIMITED,
      N.G. COMPLEX, 1ST FLOOR, OPP: MINI
      VIDHANA SOUDHA, KALABURAGI-585101
                                    ...RESPONDENTS

(V/O DATED 09.10.2023 NOTICE TO R1 IS DISPENSED WITH; BY SRI S S ASPALLI, 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 30.03.2022 passed by the learned Senior Civil Judge & MACT at Sedam in MVC No. 782/2017 by enhancing the compensation amount as prayed for, in the interest and justice and equity.

These 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.2,10,000/- (Rupees Two Lakh

Ten 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