Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 11955 (KAR)

RAVI @ RAVI KUMAR v. BADIRAM AND ANR

MFA/203824/2023 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, 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.203824 of 2023 (MV) Lok Adalat No.195/2024 BETWEEN: RAVI @RAVI KUMAR S/O RAM BHAJAN, AGE: 22 YEARS, OCC: LABOUR, R/O AMARA BANDA MARA UTTAR PRADESH, NOW AT SAI NAGAR, NAUBAD, BIDAR-585402. ...APPELLANT (BY SRI BASAVARAJ. R. MATH , ADVOCATE) AND: 1 . BADIRAM S/O SHANKER JADHAV, AGE: MAJOR, OCC: BUSINESS, R/O H.NO.2968, KHILLA GALLI, BASAVAKALYAN, TQ: BASAVAKALYAN, DIST: BIDAR-585327. 2 . THE BRANCH MANAGER, HDFC-ERGO GENERAL INSURANCE COMPANY LIMITED, OPPOSITE KIMS HOSPITAL GATE, P.B.ROAD, VIRUPAKSHA BUILDING, VIDYANAGAR, - 2 - HUBLI-580021 (K.S.) …RESPONDENTS (V/O DTD: 24.11.2023, NOTICE TO R1 IS DISPENSED WITH; BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2 ) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGEMENT AND AWARD DATED 06-03-2023 PASSED BY THE ADDL. SENIOR CIVIL JUDGE & JMFC, BIDAR AND MACT, BIDAR IN MVC NO. 618/2021. 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. 18,00,000/- (Rupees Eighteen 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.13,00,000/- (Rupees Thirteen Lakhs only) of the amount is ordered to be kept in fixed deposit in any nationalized bank or scheduled - 3 - bank of claimant’s choice for a period of three years and the claimant would be entitled to withdraw periodical interest. Balance amount of Rs.5,00,000/- (Rupees Five Lakhs Only) 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 NJ