Guranna S/O Basanna Badkal vs Mallangouda S/O Shankargouda And Anr
2023 Latest Caselaw 9900 Kant

Karnataka High Court

Guranna S/O Basanna Badkal vs Mallangouda S/O Shankargouda 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 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.200243/2023 (MV)

           Lok Adalat No.564/2023


BETWEEN:

GURANNA
S/O BASANNA BADKAL,
AGE: 36 YEARS, OCC: AGRICULTURE, NOW NIL,
R/O MUDBOL, TQ. SHAHAPUR,
NOW RESIDING AT SUNTANOOR,
TQ. ALAND,
DIST. KALABURAGI.
                                  ...APPELLANT

(BY SRI. SANJEEV PATIL, ADVOCATE)
                           2




AND

1.    MALLANGOUDA
      S/O SHANKARGOUDA,
      AGE: 29 YEARS, OCC: AGRICULTURE AND
      OWNER OF HERO PASSION PRO
      MOTORCYCLE NO.KA-33/K-8236,
      R/O MUDBOL, TQ. SHAHAPUR,
      DIST. YADGIRI-585223.

2.    THE DIVISIONAL MANAGER,
      NATIONAL INSURANCE CO. LTD.,
      DIVISIONAL OFFICE,
      OPP: MINI VIDHANA SOUDHA,
      KALABURAGI-585102.

                                  ...RESPONDENTS

(SRI. MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2; V/O DATED 18.01.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 09.11.2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND MACT AT ALAND IN MVC NO.1081/2018 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR.

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.3,00,000/-

(Rupees Three Lakhs 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