Citation : 2025 Latest Caselaw 4836 Kant
Judgement Date : 8 March, 2025
HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8 TH DAY OF MARCH, 2025
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE G BASAVARAJA
AND
SRI. PRASHANT S. KADADEVAR, MEMBER
M.F.A.No.103831/2023 (MV)
LOK ADALAT No.88/2025.
BETWEEN:
K. ABHILASH @ AVINASH @ ABHIRAM @ ABHI
S/O. K. JAGADEESHA,
AGED ABOUT 28 YEARS, OCC. LABOURER,
R/O: 26/02, WARD NO. 10, SUNKALAMMA,
MARISWAMY MUTT, RANIHOTA, BALLARI 583101.
...APPELLANT
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
AND
1. CHANDRASHEKAR V. GANADALA @
CHANDRASHEKHAR S/O. VEERABHADRAPPA,
AGED ABOUT 47 YEARS, BADGE NO. 4589
DRIVER OF THE KSRTC BUS
BEARING NO. KA 57/F-1029
2
R/O: KRISHNAPURADAGGI
BASAVANDURGA, GANGAVATHI,
KOPPAL WORKING AT KSRTC,
BENGALURU CENTRAL DIVISION,
DEPOT-2, BENGALURU 560001.
2. THE MANAGING DIRECTOR,
SHANTHI NAGAR, KH ROAD,
BENGALURU 560027
OWNER OF THE KSRTC BUS
BEARING NO.KA-57/F-1029.
3. THE DIVISIONAL MANAGER,
M/S ORIENTAL INSURANCE COMPANY LIMITED,
BALLARI 583101.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING THAT, MODIFY THE JUDGMENT AND AWARD DATED 04.03.2023 PASSED IN MVC NO.399/2022 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-V AND I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
Learned counsel for the claimant and representative
of respondent No.3-Insurance Company along with its
counsel are present.
2. After prolonged negotiations, matter is settled.
Claimant has agreed to receive and respondent No.3-
Insurance Company has agreed to pay a global
compensation of Rs.2,25,000/- (Rupees two 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. Respondent No.3-Insurance Company has
agreed to deposit the said amount before the Tribunal
within six weeks from the date of preparation of the
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. The parties are not entitled to any cost.
4. On deposit, the entire amount shall be
released in favour of the claimant forthwith.
5. Miscellaneous First Appeal stands disposed of
in terms of the Joint Memo. Award of the Tribunal shall
stand modified accordingly. Draw up the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
Ckk/LNN ct-cmu
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