Kiran vs Ashok And Anr
2023 Latest Caselaw 10045 Kant

Karnataka High Court

Kiran vs Ashok And Anr 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 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.203740/2023 (MV)
                Lok Adalat No. 518/2023

BETWEEN:

     KIRAN S/O BHIM SINGH,
     AGED: 24 YEARS,
     OCC: PUMP OPERATOR (NOW NIL),
     R/AT: SHAKHAPUR THANDA DIGGI,
     TQ: SHAHAPUR, DIST: YADGIRI,
     NOW R/AT: ANAND NAGAR, KALABURAGI,
     TQ & DIST: KALABURAGI-585103.
                                            ... APPELLANT
(BY SRI. B C JAKA, ADVOCATE)

AND:

1.   ASHOK S/O BHEEM CHAVAN,
     AGE: 39 YEARS,
     OCC: OWNER OF THE MOTORCYCLE,
     MUNDIN THANDA HOTHPETH,
     TQ: SHAHAPUR,
     DIST: YADGIRI-585302.
                                2




2.   ICICI LOMBARD
     GENERAL INSURANCE COMPANY,
     THE LEGAL MANAGER,
     GIC LTD,. 3RD FLOOR,
     A.K.ASIAN GRAND, OPP: GESCOM,
     HEAD OFFICE, STATION ROAD,
     KALABURAGI-585102.

                                  ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,

PRAYING TO ALLOW THE APPEAL BY MODIFYING THE

JUDGMENT AND AWARD DATED 06.01.2022, IN M.V.C

NO.788/2019, PASSED BY THE PRL. SENIOR CIVIL JUDGE

CJM, KALABURAGI AND CONSEQUENTLY BE PLEASED TO

ENHANCE THE COMPENSATION OF RS.10,00,000/-, WITH

INTEREST @ 12% PER ANNUM FROM THE DATE OF

PETITION TILL ACTUAL REALIZATION, IN THE INTEREST

OF 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.1,00,000/-

(Rupees One Lakh 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

NR/-