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Karnataka High Court

Rampandu vs Swaminayak And Ors on 16 March, 2024

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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 16TH DAY OF MARCH, 2024

             CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE C.M.JOSHI

                      AND

           SRI K.A.KALBURGI, MEMBER
           M.F.A.NO.200930/2023 (MV)

            LOK ADALAT NO.156/2024
BETWEEN:


RAMPANDU S/O LAKSHMINARAYAN,
AGE: 33 YEARS, OCC: AGRIL,
MANAGEMENT TRAINEE IN GENPACT,
INDIA PVT. LTD, HYDERABAD
                                 ...APPELLANT


(BY SRI BASAVARAJ R.MATH, ADVOCATE)
                           2



AND
1.  SWAMINAYAK S/O RAMA NAYAK,
    AGE: 43YEARS, OCC: DRIVER OF TIPPER,
    REG.NO. KA-34/6978, R/O ANAVALLI TANDA,
    NOW AT NEAR LAXMI GARAGE, AGADI MAREPPA
    COMPOUND, BELLARY,
    TQ. & DIST. BELLARY-583101.

2.   SYED ABIDULLA BASHI S/O SYED
     ABDUL RAHEMAN, AGE: MAJOR,
     OWNER OF TIPPER, REG.NO. KA-34/6978,
     R/O H.NO. 24/22, ABDUL KALAM STREET,
     COWL BAZAR BELLARY,
     TQ. & DIST. BALLARY-583101.

3.   THE BRANCH MANAGER,
     THE RELIANCE GENERAL INSURANCE CO.LTD,
     OPP: OLD BUS STAND,
     TQ. & DIST. BELLARY-583101
                                ...RESPONDENTS

(V/O DATED 06.03.2023 NOTICE TO R1 & R2 ARE DISPENSED WITH; SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT PLEASED TO CALL FOR RECORDS AND ENHANCE THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 15.11.2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SINDHANUR IN MVC NO.206/2017.

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.2,00,000/- (Rupees Two Lakh 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 4 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