Raju vs Rampratap Harpul Choudhari And Ors
2023 Latest Caselaw 10025 Kant

Karnataka High Court

Raju vs Rampratap Harpul Choudhari And Ors 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 9TH DAY OF DECEMBER, 2023

             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                       AND

      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.202807/2023 (MV)

             Lok Adalat No.546/2023


BETWEEN:

RAJU S/O MALLAPPA BIRADAR,
AGE: 29 YEARS, OCC: COOLIE,
R/O SIGANAPUR, INDI TQ.,
NOW AT RAJAJINAGAR,
VIJAYAPURA-586101

                                    ...APPELLANT

(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)

AND

1.    RAMPRATAP HARPUL CHOUDHARI,
      AGE: MAJOR, OCC: BUSINESS,
                             2




     RAJALAXMI COMPLEX, KALHER,
     BHIVAND TQ.,
     BHIVAND-421308
     (MAHARASTRA)

2.   RAMASHEVAK CHAUPAL JOGINDAR,
     169, 1ST MAIN ROAD,
     PARAMILA NAGAR,
     BENGALURU

3.   THE AUTHORIZED SIGNATORY,
     BAJAJ ALLIANZ GENERAL INSURANCE,
     COMPANY LTD.,
     GOLDEN HEIGHTS, 4TH FLOOR,
     1/2 59TH C CROSS,
     4TH M BLOCK,
     RAJAJINAGAR,
     BENGALURU-07

                                   ...RESPONDENTS

(SRI. SUDARSHAN M., ADVOCATE FOR R3; V/O DATED 05.12.2023 NOTICE TO R1 & R2 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO. XV, VIJAYAPUR AT- VIJAYAPUR IN MVC NO. 119/2019 DATED 11.08.2022 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT.

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.70,000/- (Rupees Seventy

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

LG