Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 11402 (KAR)

AKSHAY @ LAXMIKANT v. CHANDRAKANT AND ANR

MFA/202513/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.202513 of 2024 (MV) Lok Adalat No.109/2025 BETWEEN: AKSHAY @ LAXMIKANT S/O SHRIMANTH, AGE: 29 YEARS, OCC: SUPERVISOR/SITE IN CHARGE AT KKB ENGINEERING AND CONSTRUCTIONS PVT LTD., KALABURAGI (NOW NIL), R/O NEAR MOHAN RAJ SCHOOL, MALLIKARJUN KHARGE COLONY, SIRSAGI MADDI, KALABURAGI-585106. ...APPELLANT (BY SRI B C JAKA, ADVOCATE) AND: 1. CHANDRAKANT S/O MANIKAPPA BAWGI, AGE. MAJOR, OCC. OWNER OF CAR BEARING NO. KA.32/N-9886, HUNDAI GRAND I 10 SPORTS, H.NO. 8-4599, FORT ROAD, VASAVI STREET, NEAR PRAKASH TALKIES, ASIF GUNJ, KALABURAGI-585105. 2. HDFC ERGO GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., OPP: KANNADA BHAVAN MAIN ROAD KALABURAGI-585102. …RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2 NOTICE TO R1 DISPENSED WITH) - 2 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 14.02.2024 IN MVC NO.93/2023 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURGI AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION OF RS.14,17,600/- WITH INTEREST AT 12 PERCENT ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION. 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 lump-sum of compensation of Rs.20,00,000/- (Rupees Twenty 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. Out of the compensation awarded, Rs.15,00,000/- is ordered to be kept in fixed deposit in any nationalized bank - 3 - or scheduled bank of claimant’s choice for a period of three years and the claimant would be entitled to withdraw periodical interest. Balance of Rs.5,00,000/- is ordered to be paid to the claimant on proper identification. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER msr