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K. Abhilash Aliyas Avinash Alyas ... vs Chandrashekar V Gandala Aliyas ...
2025 Latest Caselaw 4836 Kant

Citation : 2025 Latest Caselaw 4836 Kant
Judgement Date : 8 March, 2025

Karnataka High Court

K. Abhilash Aliyas Avinash Alyas ... vs Chandrashekar V Gandala Aliyas ... on 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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