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2025 DAILYLAW 10340 (KAR)

M/S SHRIRAM GENERAL INSURANCE v. SRI.GALANGLAPPA AND ORS

MFA/201740/2019 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- - 1 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.201740 of 2019 (MV-I) C/W M.F.A. NO. 200421 of 2020 (MV-I) Lok Adalat No.23/2025 IN M.F.A. NO. 201740/2019: BETWEEN: M/S SHRIRAM GENERAL INSURANCE CO. LTD., E8 EPIP, RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTAN-302 022, (VIDE POLICY NO.10003/31/14/157887) VALID FROM 30/06/2018 TO 29/06/2014) PRESENTLY REPRESENTED BY ITS, SHRIRAM GENERAL INSURANCE CO. LTD., NO.5/4, 3RD FLOOR, S V ARCADE, BELEKAHALLI MAIN ROAD, OFF BHANNERUGHATTA ROAD, IIMB POST, BENGALURU-560 076. ...APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) - - 2 AND: 1. SRI. GALANGLAPPA S/O MALLAYYA SWAMY, AGED ABOUT 41 YEARS, OCC: AGRICULTURE, R/O BYAHALLI, TALUK BHALKI, DISTRICT BIDAR-585 328. 2. SRI. H.M. RAGHUNATH S/O MUNEAPPA, AGED: MAJOR, OCC: BUSINESS, R/O 37 TG EXT. LAYOUT, NEAR KEB CIRCLE, R.M.C. COMPLEX, HOSKOTE, TQ. BANGALORE RURAL, KARNATAKA-562 114, (OWNER OF EICHER BEARING NO.KA-53/A-2921). …RESPONDENTS (BY SRI. SANTOSH BIRADAR, ADV. FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 11.02.2019 PASSED IN MVC NO.421/2014 BY THE ADDITIONAL MACT AND ADDL. DIST. AND SESSIONS JUDGE, BIDAR. IN M.F.A. NO. 200421/2020: BETWEEN: GALANGLAPPA S/O MALLAYYA SWAMY, AGE: 42 YEARS, OCC: AGRICULTURE, R/O BYALHALLI VILLAGE, TQ. BHALKI, DIST. BIDAR. ...APPELLANT (BY SRI. SANTOSH BIRADAR, ADVOCATE) AND: 1. H.M. RAGHUNATH S/O MUNEAPPA, AGE: MAJOR, OCC: BUSINESS, R/O 37 TG EXT. LAYOUT, NEAR KEB CIRCLE, R.M.C. COMPLEX, HOSKOTE-562 114, TQ. BANGALORE RURAL. 2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E8, EPIP RIICO INDUSTRIAL AREA, - - 3 SITAPURA, JAIPUR-302 022 (RAJASHTAN). …RESPONDENTS (BY SRI. SUBHASH MALLAPUR, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 11.02.2019 PASSED BY THE COURT OF THE ADDL. MACT AND ADDL. DISTRICT AND SESSIONS JUDGE, AT BIDAR, IN MVC NO.421/2014 AND ENHANCE THE COMPENSATION AS PRAYED FOR. THESE APPEALS 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. The appellant-Shriram General Insurance Company Limited has agreed to pay and respondent has/have agreed to receive lump-sum amount of Rs.70,000/- (Rupees Seventy Thousand Only), in additional to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. In view of the settlement arrived in MFA No.201740/2019 filed by the Insurance Company, the MFA No.200421/2020 filed by the claimant/s is disposed off. 4. The appellant-Shriram General Insurance Company Limited has agreed to deposit the said amount before the - - 4 Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The parties are not entitled for any cost. 5. The parties to this appeal have set their hands to this settlement before the Lok-Adalat in the presence of Conciliators on this the 08.03.2025 at Kalaburagi Bench. 6. The entire amount shall be released in favour of the Claimant. 7. The amount in deposit, if any, be transmitted to the concerned Tribunal. 8. The Miscellaneous First Appeal stand disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER sdu