Basavaraj vs Sayabanna And Anr
2023 Latest Caselaw 10043 Kant

Karnataka High Court

Basavaraj vs Sayabanna 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 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.200963/2022 (MV)
               Lok Adalat No. 449/2023

BETWEEN:

    BASAVARAJ
    S/O NAGAPPA SHINTRI,
    AGE: 27 YEARS,
    OCC: PRIVATE SERVICE,
    R/O: KALAGURAKI, T
    Q: BASAVANA BAGEWADI,
    DIST: VIJAYAPURA-586203.

    (ORIGINAL PERITIONER BEFORE THE COURT OF THE
    II ADDL. SENIOR CIVIL JUDGE & MEMBER MACT
    NO.VII, VIJAYAPURA AT VIJAYAPURA)

                                     ... APPELLANT
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
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AND:

1.   SAYABANNA S/O BHIMANNA BIRADAR,
     AGE: MAJOR, OCC: BUSINESS,
     R/O: H.NO.156, KANAKADAS,
     BADAVANE, VIJAYAPURA-586101.

2.   THE DIVISIONAL MANAGER,
     THE ORIENTAL INSURANCE CO.LTD.,
     1ST FLOOR, BIDARI COMPLEX,
     SS FRONT ROAD, VIJAYAPURA-586101.

     (ORIGINAL RESPONDENTS BEFORE THE COURT OF

THE II ADDL. SENIOR CIVIL JUDGE & MEMBER MACT NO.VII, VIJAYAPURA AT VIJAYAPURA)

... RESPONDENTS

(BY SRI. J.AUGUSTIN, ADVOCATE FOR R2; V/O DTD. 27.07.2022 NOTICE TO R1 IS DISPENSED WITH)

This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicle Act, praying to modify the judgment and award dated: 17.12.2019 passed in MVC. No.1389/2016 on the file of the Court of the II Additional Senior Civil Judge and Member Motor Accident Claims tribunal No.VII Vijayapura At Vijayapura. And allow this Appeal to grant the compensation amount by Rs.9,54,800/- only as claimed by the Appellant before this Hon'ble Court and etc,.

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.75,000/- (Rupees Seventy 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