Gururaj @ Guru vs Sri.Javaraj And Anr
2023 Latest Caselaw 9947 Kant

Karnataka High Court

Gururaj @ Guru vs Sri.Javaraj 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 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.200611/2019 (MV)
                Lok Adalat No. 510/2023

BETWEEN:

     GURURAJ @ GURU
     S/O NAGENDRA @ NAGAPPA BANDHARI,
     AGE: 27 YEARS, OCC: NOW NIL, AFTER THE
     ACCIDENT, R/O 14TH CROSS,
     TARIFILE KALABURAGI-585101.


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

AND:

1.   SRI. JAVARAJ S/O MARUTI GUMATE,
     AGE: 48 YEARS,
     OCC: OWNER OF TRUCK (OPEN BODY)
     NO.KA-32/5114, R/O H.NO.4-11-71,
     BOVI WADA, SAFAF BAZAR,
     KALABURAGI-585101.
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2.    THE MANAGER,
      ORIENTAL INSURANCE CO.LTD,
      THROUGH ITS DIVISIONAL OFFICE
      BY THE DIVISIONAL MANAGER,
      FIRST N.G.COMPLEX, MAIN ROAD,
      OPP: MINI VIDHAN SOUDHA,
      KALABURAGI-585101.

                                            ... RESPONDENTS

(BY SRI. S.S.ASPALLI, ADVOCATE)

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: 01.08.2018 PASSED IN M.V.C NO.205/2016 BY II ADDITIONAL SENIOR CIVIL JUDGE & MACT AT-KALABURAGI AND ENHANCING THE COMPENSATION FROM RS.2,21,100/- 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.2,00,000/- (Rupees Two Lakh

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/-