Shamsundar S/O Prabhuling Malipatil vs Mallikarjun And Anr
2023 Latest Caselaw 9959 Kant

Karnataka High Court

Shamsundar S/O Prabhuling Malipatil vs Mallikarjun 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.200768/2021 (MV)
                Lok Adalat No. 473/2023

BETWEEN:

     SHAMSUNDAR
     S/O PRABHULING MALIPATIL,
     AGE: 27 YEARS,
     OCC: DRIVER NOW NIL,
     R/O HUNASI HADAGIL VILLAGE,
     TQ & DIST: KALABURAGI.

                                            ... APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)


AND:

1.   MALLIKARJUN S/O SHARANAPPA,
     AGED: MAJOR,
     OCC: ELECTRICIAN,
     R/O HUNASI HADAGIL VILLAGE,
     TQ & DIST: KALABURAGI-585105.
                                2




2.    THE DIVISIONAL MANAGER.
      THE ORIENTAL INSURANCE CO. LTD.,
      DIVISIONAL OFFICE, N.G. COMPLEX,
      1ST FLOOR, OPP: MINI VIDHANA SOUDHA,
      KALABURAGI-585102.

                                           ... RESPONDENTS

(BY SRI S.S. ASPALLI, ADVOCATE FOR R2; V/O DTD. 14.09.2021 R1 IS DISPENSED WITH)

This Miscellaneous First Appeal is filed under Section 173 (1) of the Motor Vehicle Act, praying to exercise its appellate jurisdiction, call for records and modify the judgment and award dated: 08.07.2019 passed by the learned I Addl.Senior Civil Judge & M.A.C.T., at Kalaburagi in MVC No.282/2018 by enhancing the compensation amount to Rs.15,00,000/- and also enhance the interest payable by the respondents on the compensation amount, and further be pleased to allow this appeal filed by the appellant herein in the ends of justice.

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.2,55,000/- (Rupees Two Lakhs

Fifty Five 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

SMP