Maleppa S/O Chandramappa Ugran vs Raj Infracturcture Devp. Pvt Ltd And Anr
2023 Latest Caselaw 9994 Kant

Karnataka High Court

Maleppa S/O Chandramappa Ugran vs Raj Infracturcture Devp. Pvt Ltd 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 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.200881/2023 (MV)
            Lok Adalat No.527/2023
BETWEEN:
MALEPPA S/O CHANDRAMAPPA UGRAN,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O KUBAKADDI, TQ: B. BAGEWADI,
NOW RESIDING AT HITNALLI,
TQ. & DIST. VIJAYAPUR-586101.        ...APPELLANT

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND
1.  RAJ INFRASTRUCTURE DEVP. PVT.LTD.,
    409, 410, 411, PRIDE SILICON,
    PLAZA SENAPATI BAPAT ROAD,
    PUNE, STATE: MAHARASHTRA-411016.
2.    THE MANAGER LEGAL/CLAIMS,
       ICICI LOMBARD GENERAL INSURANCE COMPANY
       LTD. PRIDE QUADRA BUILDING NO.13,
       2nd floor, HEBBA ROAD,BENGALURU-560024
       SUBSTITUTED AS /MERGEDIN
       ICICI GENERAL INSURANCE CO.LTD.,
      KALABURAGI-585104.            ...RESPONDENTS

(V/O DATED 20.07.2023 NOTICE TO R1 IS DISPENSED WITH;

BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2)

This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment & award dated 31.03.2022 passed by the Court of III Addl. Senior Civil Judge and MACT-XII at vijayapur in MVC No. 578/2018, in the interest and justice and equity.

These 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.1,75,000/- (Rupees One Lakh

Seventy 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. 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 SMP