Devasing S/O Mansing vs The Authorized Officer And Anr
2023 Latest Caselaw 10024 Kant

Karnataka High Court

Devasing S/O Mansing vs The Authorized Officer 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.200065/2023 (MV)
              Lok Adalat No. 460/2023
BETWEEN:

DEVASING S/O MANSING,
OCC: LABOUR, NOW NIL
AGE: 42 YEARS,
R/O YELASANGI, TQ: ALAND,
DIST: KALABURAGI-585302                 ...APPELLANT

(BY SRI NAGARAJ PATIL, ADVOCATE)

AND

1.     THE AUTHORIZED OFFICER,
       OM BHARAT GAS GRAMIN VITRSK,
       SHOP NO.3, PATIL COPLEX,
       BASAVESHWAR CHOWK, NARIBOLI,
       TQ: JEWARGI, DIST: KALABURAGI-585310
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2.   THE MANAGER,
     HDFC ERGO GENERAL INSURANCE
     COMPANY LIMITED,
     2ND FLOOR, ASIAN PLAZA,
     TIMMAPURI CIRCLE, SVP CHOWK,
     OPP: SYNDICATE BANK,
     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 RECORDS. TO MODIFY THE JUDGMENT AND AWARD DATED 03.01.2022 PASSED IN MVC NO. 428/2020 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & CJM, KALABURAGI AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT RS. 10,08,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT. ORDER FOR COSTS OF THIS APPEAL. PASS SUCH OTHER ORDERS DEEMS FOR IN THE CIRCUMSTANCES OF THE CASE 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.1,40,000/- (Rupees One Lakh

Forty 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