Citation : 2023 Latest Caselaw 10065 Kant
Judgement Date : 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 C.M.JOSHI
AND
SRI LIYAQAT FAREED USTAD, MEMBER
M.F.A. NO.202249/2023 (MV)
Lok Adalat No. 487/2023
BETWEEN:
1. RAMESH S/O SIDDAPPA HANJAGI,
AGE: 37 YEARS, OCC: AGRICULTURE,
RESIDENT OF ALIYABAD,
TALUK AND DISTRICT: VIJAYAPURA-586112.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. THE PRINCIPAL,
KARNATAKA TEACHERS' B.ED. COLLEGE,
INDI, DIST.VIJAYAPURA-586209.
2. THE BRANCH MANAGER,
BHARATI AXA GENERAL INSURANCE COMPANY
LIMITED, 1ST FLOOR, "CENTRAL BUILDING"
OPP: VIDYA NAGAR POLICE STATION,
2
VIDYANAGAR, HUBLI-580021.
...RESPONDENTS
(V/O DTD.12.09.2023 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 M.V. Act, praying to call for the records and modify the judgment and award passed by the Court of the II Additional Senior Civil Judge and Member MACT-VII at Vijayapura in MVC No.1545/2016 dated 26.08.2022 and be pleased to allow the claim petition by granting the relief as prayed far by the appellant 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.1,10,000/- (Rupees One Lakh
Ten 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 SMP
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