Ramesh vs Subhash And Anr
2023 Latest Caselaw 9989 Kant

Karnataka High Court

Ramesh vs Subhash 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 9TH DAY OF DECEMBER, 2023
              CONCILIATORS PRESENT

        THE HON'BLE MR. JUSTICE C.M.JOSHI
                       AND
       SRI. LIYAQAT FAREED USTAD , MEMBER
            M.F.A. NO.200010/2023 (MV)
              Lok Adalat No. 536/2023
BETWEEN:

RAMESH S/O HOBU JADHAV,
AGE: 31 YEARS, OCC: AGRICULTURE & COOLIE,
NOW NIL, R/O ANDOLA TANDA,
TQ: JEWARGI, DIST: KALABURAGI
NOW AT SATNOOR, TQ: CHINCHOLI,
DIST: KALABURAGI-585103.             ...APPELLANT

(BY SRI SANJEEV PATIL, ADVOCATE)

AND

1.     SUBHASH S/O ANAVIRAYYA,
       AGE: MAJOR, OCC: OWNER OF EICHER
       GOODS NO. KA-36/5310,
       R/O H.NO. E/8/240, NEAR YALLALING
       MANDIR, SHIVAJI NAGAR, KALABURAGI-585103
                            2




2.   HDFC ERGO GENERAL INSURANCE CO.LTD.,
     THROUGH ITS DIVISIONAL MANAGER,
     NO. 25/1, 2ND FLOOR, BUILDING NO.2,
     SHANKAR NARAYAN BUILDING, M.G.ROAD,
     BENGALURU-560001.
                                   ...RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH; BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

This Miscellaneous First Appeal is filed under

Section 173(1) of M.V. Act, praying to call for the

entire lower court records and modify the judgment

and award dated 25.07.2022 passed by the learned

Senior Civil Judge & MACT at Chittapur in MVC

No.1002/2019 by enhancing the compensation

amount as prayed for, in the interest and 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.2,78,000/- (Rupees Two Lakh

Seventy Eight 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

MSR