Citation : 2023 Latest Caselaw 9899 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 M.G.S. KAMAL
AND
SRI. SHARNAGOUDA V. PATIL , MEMBER
M.F.A. NO.202676/2022(MV)
Lok Adalat No.556/2023
BETWEEN:
LAXMAN
S/O BHEEMANNA,
AGE: 31 YEARS, OCC:DRIVER OF TRACTOR
AND TRALLY NO. KA-36/A-273 AND KA-36/A-2234,
R/O LABOUR COLONY, DEVASUGUR,
TQ. AND DIST. RAICHUR-584101.
...APPELLANT
(BY SRI. SHARANAGOUDA V. PATIL, ADVOCATE)
AND
1. RAMAKRISHNA
S/O NARASAYYA,
AGE: 30 YEARS, OCC: DRIVER CUM
OWNER OF LORRY BEARING NO. AP-16/TW-2897,
2
R/O JAGAYYA PETE, DIST: KRISHNA
(TELANGANA STATE) AP-6198013
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
BRANCH OFFICE NEAR GUNJ CIRCLE,
RAICHUR-585401.
...RESPONDENTS
(SRI. S. S. ASPALLI, ADVOCATE FOR R2; V/O DATED 20.03.2023 NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.01.2022, PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAICHUR, IN FILE BEARING MVC NO. 451/2017 AND SOUGHT FOR ENHANCEMENT OF RS. 5,92,000/-.
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.80,000/- (Rupees
Eighty 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 LG
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