Shivashankar vs Avadoth And Anr
2023 Latest Caselaw 10051 Kant

Karnataka High Court

Shivashankar vs Avadoth 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 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.202180/2023 (MV)

             Lok Adalat No.542/2023
BETWEEN:

SHIVASHANKAR
S/O LATE SHANTAPPA, PATIL @BIRADAR,
AGE: 62 YEARS, OCC: COOLI AND AGRICULTURE,
R/O MATOLI VILLAGE, TQ. AFZALPUR,
DIST. KALABURAGI
                                    ...APPELLANT


(BY SRI. AMARESHWAR S. RAWOOR
AND GANESH NAIK, ADVOCATES)

AND:

1.     AVADOTH
       S/O CHANDAPPA HASARGUNDAGI,
                               2




       R/O. DEVALAGANGAPUR,
       TQ. AFZALPUR,
       DIST. KALABURAGI-585301.

2.     THE LEGAL MANAGER,
       TATA AIG GENERAL INSURANCE COMPANY LTD.,
       BRANCH OFFICE NO. 1ST FLOOR,
       UNIT NO. F6 & F8, BUSINESS PARK CENTRE,
       AKKAMAHADEVI COLONY,
       KALABURAGI-585103.

                                           ...RESPONDENTS

(SRI. SUDARSHAN M., ADVOCATE FOR R2; V/O DATED: 03.07.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT AFZALPUR IN MVC NO. 85/2021 DATED 19.11.2022 BY MODIFYING AND ENHANCEMENT OF THE IMPUGNED ORDER AND 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.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. 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