Babu S/O Nandappa Unnibhavi vs Sangappa And Anr
2023 Latest Caselaw 9975 Kant

Karnataka High Court

Babu S/O Nandappa Unnibhavi vs Sangappa And Anr on 9 December, 2023

                            1




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.202241/2019 (MV)
                Lok Adalat No.   541/2023

BETWEEN:

     BABU S/O NANDAPPA UNNIBHAVI,
     AGE: 34 YEARS,
     OCC: ARICULTURE,
     R/O HATTARAKIHAL,
     TQ: B. BAGEWADI,
     DIST: VIJAYAPURA-586101.

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


AND:

1.   SANGAPPA S/O SHREEMANTH KUDAGI,
     AGE: 42 YEARS, OCC: BUSINESS,
     R/O NANDAYAL TQ: B. BAGEWADI,
     DIST: VIJAYAPURA-586203.
                                2




2.   THE DIVISIONAL MANAGER,
     ORIENTAL GENERAL INSURANCE CO. LTD,
     BIDRI COMPLEX, 1ST FLOOR, S.S. FRONT ROAD,
     VIJAYAPURA-586105.

                                           ... RESPONDENTS

(BY SRI. J AUGUSTIN, ADVOCATE FOR R2; VIDE ORDER DATED 11.02.2021 NOTICE TO R1 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 23.07.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AND MACT-V, VIJAYAPURA IN MVC NO.260/2017 AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION FROM RS.3,13,993/- TO RS.14,50,000/- WITH INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY.

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/-