Saibanna S/O Basavaraj vs Chandrashekharaih And Ors
2023 Latest Caselaw 9983 Kant

Karnataka High Court

Saibanna S/O Basavaraj vs Chandrashekharaih And Ors 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 9TH DAY OF DECEMBER, 2023
             CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                       AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200289/2022 (MV)

             Lok Adalat No.580/2023

BETWEEN:

SAIBANNA
S/O BASAVARAJ,
AGE: 26 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O DHARMAPUR,
TQ. & DIST. KALABURAGI
                                    ...APPELLANT

(BY SRI. SANJEEV PATIL, ADVOCATE)

AND

1.    CHANDRASHEKHARAIH
      S/O NARAYANAPPA,
      AGE: MAJOR, OCC: BUSINESS,
      R/O E18, 4TH CROSS, DEFENCE COLONY,
                         2




     NAGASANDRA,
     BENGALURU
     (OWNER OF VEHICLE KA-02/AD-3414
     LORRY AS PER INSURANCE POLICY)

2.   HANAMANTHAIAH
     S/O NARAYANAPPA,
     AGE: MAJOR, OCC: BUSINESS,
     R/O H.NO.59, LAKKENAHALLI,
     TQ. NELAMANGALA,
     DIST. BENGALURU
     (OWNER OF VEHICLE KA-02/AD-3414
     LORRY AS PER INSURANCE POLICY)

3.   SHRIRAM GENERAL INSURANCE COMPANY LIMITED,
     THROUGH ITS MANAGER,
     E-8, EPIP, RIICO, INDUSTRIAL AREA,
     SITAPURA,
     JAIPURA.
     RAJASTHAN-302022.

                                ...RESPONDENTS

(SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R3; V/O DATED 02.11.2022 NOTICE TO R1 & R2 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.10.2019 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE & MACT, KALABURAGI IN MVC NO. 347/2018 BY ENHANCING THE COMPENSATION AMOUNT OF RS. 15,00,000/- AND ALSO ENHANCE THE INTEREST PAYABLE BY THE RESPONDENTS ON THE COMPENSATION AMOUNT

AND FURTHER BE PLEASED TO ALLOW THE APPEAL FILED BY THE APPELLANT HEREIN.

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.1,40,000/- (Rupees One Lakh

Forty 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. The 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

LG