Mallikarjun S/O Saibanna Doddin vs Arungouda And Ors
2023 Latest Caselaw 9977 Kant

Karnataka High Court

Mallikarjun S/O Saibanna Doddin vs Arungouda And Ors 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.202658/2019 (MV)
                Lok Adalat No. 515/2023

BETWEEN:

     MALLIKARJUN S/O SAIBANNA DODDIN,
     AGE: 45 YEARS, OCC: NIL
     PREVIOUSLY RMP DOCTOR AND AGRICULTURE,
     RESIDENT OF PLOT NO.116,
     ALAND ROAD, (M.CORP)
     J.R.NAGAR, KALABURAGI-585101.

                                      ... APPELLANT
(BY SRI. VENKATESH G. GAIDHANKAR, ADVOCATE)

AND:

1.   ARUNGOUDA S/O SIDRAMAPPA,
     AGE: 25 YEARS, OCC: DRIVER,
     RESIDENT OF ADARSH NAGAR,
     KALABURAGI-585105.
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2.   NARAYAN S/O JANARDHAN,
     AGE: MAJOR,
     OCC: BUSINESS & OWNER OF CAR
     BEARING NO. KA-32/N-0248,
     RESIDENT OF H.NO.11-1860,
     BHAGVATI NILAY, VIDYA NAGAR,
     KALABURAGI-585101.

3.   THE DIVISIONAL MANAGER,
     ORIENTAL INSURANCE CO., OPPOSITE,
     MINI VIDHAN SOUDHA,
     N.G. COMPLEX, KALABURAGI-585101.

                                             ... RESPONDENTS

(BY SRI.S.S. ASPALLI, ADVOCATE FOR R3; VIDE ORDER DATED: 04.07.2023 NOTICE TO R1 IS DISPENSED WITH; SRI BABU H.METAGUDDA, ADV. FOR R-2.

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO BY ALLOWING THE APPEAL OF THE APPELLANT SET-ASIDE THE JUDGMENT AND AWARD PASSED BY THE LEARNED MACT & III ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN MVC NO: 869/2015 PASSED ON DATED: 23.12.2017 AND ENHANCE THE COMPENSATION AWARD AMOUNT FROM RS.3,49,300/- TO RS. 14,50,000/- 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.1,25,000/-

(Rupees One Lakh Twenty 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

NR/-