Bhimaraya vs C Shravan Kumar And Anr
2023 Latest Caselaw 9904 Kant

Karnataka High Court

Bhimaraya vs C Shravan Kumar 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 C.M.JOSHI
                    AND
     SRI LIYAQAT FAREED USTAD , MEMBER
         M.F.A. NO.201473/2023 (MV)
           Lok Adalat No.482 /2023
BETWEEN:
BHIMARAYA S/O BHIMSHAPPA,
AGE: 37 YEARS, OCC: COOLIE & AGRI. (NOW NIL),
R/O KOLIWADA, YADGIRI,
TQ. & DIST. YADAGIRI                  ...APPELLANT

(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)

AND
1.  C. SHRAVAN KUMAR S/O PARTH SARATHI,
    AGE: 42 YEARS, OCC: OWNER OF
    INNOVA CAR BEARING REG.NO. AP-21/AN-1221,
    R/O H.NO. 18-207-T, VENKATESHWAR NAGAR,
    NEAR NEW BUS STAND, KODUMUR,
    DIST: KURNOOL-518464.
2.    M/s. ICICI LOMBARD GENERAL INSURANCE
      COMPANY LTD.,
      COURT ROAD, NEAR TIMMAPURI CIRCLE,
      KALABURAGI-585102.
      THROUGH ITS CLAIM MANAGER ...RESPONDENTS

(V/O DATED 05.09.2023 NOTICE TO R1 IS DISPENSED WITH;

BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2)

This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, praying to allow the appeal, the judgment and award dated 31.01.2019 in MVC No. 23/2016 passed by the learned Senior Civil Judge & MACT-II, at Yadigiri, may kindly be modified by enhancing the compensation as claimed in the claim petition, 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.1,50,000/- (Rupees One Lakh

Fifty 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