Laxman vs Muktaram And Anr
2023 Latest Caselaw 10039 Kant

Karnataka High Court

Laxman vs Muktaram 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.203412/2023 (MV)
              Lok Adalat No. 459/2023
BETWEEN:
LAXMAN S/O NINGAPPA CHOUDARI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O KONNALLI, TQ. SINDAGI, DIST. VIJAYAPUR,
NOW R/O IBRAHIMPUR,
VIJAYAPUR-586101.
                                      ...APPELLANT

(BY SRI KOUJALAGI C L, ADVOCATE)

AND

1.     MUKTARAM S/O MAHABUBSAB TANGAWALE,
       AGE: 51 YEARS, OCC: BUSINESS,
       R/O KARIM NAGAR, BEHIND ANJUMAN
       HIGH SCHOOL, INDI,
       DIST: VIJAYAPUR-586209.
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2.    THE BRANCH MANAGER,
      ORIENTAL INSURANCE COMPANY LIMITED,
      BIDARI COMPLEX, 1ST FLOOR,
      S S FRONT ROAD, VIJAYAPUR-586101.
                                   ...RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH; BY SRI J AUGUSTIN, 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 IMPUGNED JUDGMENT AND AWARD DATED 11.05.2023 PASSED IN MVC NO. 298/2011 ON THE FILE OF THE COURT OF THE I ADDL. DISTRICT & SESSIONS JUDGE AND MEMBER, MACT II VIJAYAPUR AT VIJAYAPUR AND ALLOW THIS APPEAL TO ENHANCE THE COMPENSATION AMOUNT OF RS. 2,67,995/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT, 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.1,70,000/- (Rupees One Lakh

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

msr