Madan S/O Gorakhnath Gouli vs Iqbal Zipre S/O Mohammad Sab Zipre And ...
2023 Latest Caselaw 9920 Kant

Karnataka High Court

Madan S/O Gorakhnath Gouli vs Iqbal Zipre S/O Mohammad Sab Zipre And ... 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 09TH DAY OF DECEMBER, 2023

                CONCILIATORS PRESENT

           THE HON'BLE MR. JUSTICE C M JOSHI
                          AND
          SRI. LIYAQAT FAREED USTAD, MEMBER

               M.F.A. No.200582/2023 (MV)
                Lok Adalat No. 519/2023

BETWEEN:

     MADAN S/O GORAKHNATH GOULI,
     AGE: 46 YEARS, OCC: AGRICULTURE,
     AND MILK VENDOR,
     R/O. VILLAGE LALBAGH,
     TQ & DIST: BIDAR-584101.

                                            ... APPELLANT
(BY SRI.BABU H METAGUDDA, ADVOCATE)

AND:

1.   IQBAL ZIPRE S/O MOHAMMAD SAB ZIPRE,
     AGE: MAJOR, OCC: BUSINESS,
     R/O A/P NEAR CHURCH ROAD,
     UDGIR, TQ:UDGIR, DIST: LATUR-413517.
     (MARUTI SWIFT DZIRE NO.MH-26/AF-0384)
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2.   THE MANAGER,
     M/S HDGC ERGO GENERAL INSURANCE CO.LTD.
     OPP:KIMS HOSPITAL GATE, P.B. ROAD,
     VIRUPAKSHA BUILDING,
     VIDYANAGAR, HUBBALLI-580032.

                                           ... RESPONDENTS

(VIDE ORDER DATED 05.09.2023 NOTICE TO R1 IS DISPENSED WITH BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLE ACT,

PRAYING TO ALLOW THIS APPEAL AND MODIFY THE

JUDGMENT AND AWARD DATED: 12.08.2022 PASSED IN

M.V.C NO:387/2021 BY THE ADDL.SENIOR CIVIL JUDGE &

JMFC-BIDAR AND MOTOR ACCIDENT CLAIMS TRIBUNAL

AT-BIDAR, AND ENHANCING THE COMPENSATION FROM

RS.3,08,488/- WITH 6% INTEREST TO RS.14,99,000/-

WITH 12% INTEREST AND ETC.

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.1,70,000/-

(Rupees One Lakh Seventy 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. 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

NR/-