Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 52561 (KAR)

SHRI. RAMESH S/O BHIMAPPA BALAVANAKI v. DELHI FREIGHT CARRIES

MFA/104699/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER MISCELLANEOUS FIRST APPEAL NO.104699 OF 2024 (MV-I) LOK ADALAT NO.209/2025 BETWEEN SHRI. RAMESH S/O. BHIMAPPA BALAVANAKI, AGE: 34 YEARS, OCC: AGRICULTURE AND COOLIE, (NOW NIL) R/O. SANGANAKERI, TQ: GOKAK, DIST: BELAGAVI-591224. ...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND 1. DELHI FREIGHT CARRIES C/O. NAVAMI ENTERPRISES, NO.138, KIADB, BELUR, TQ: & DIST: DHARWAD-580011, OWNER OF ASHOK LEYLAND HGV VEHICLE BEARING NO.KA-01/AE-9211 2. THE GENERAL MANAGER/MANAGER LEGAL, ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH OFFICE, ORIENTAL INSURANCE CO.LTD., 2 HOSUR ROAD, SOGALAD BUILDING, BAILHONGAL, DIST: BELAGAVI-591102 (INSURER OF ASHOK LEYLAND HGV BEARING REGD.NO.KA-01/AE-9222 AND ITS POLICY BEARING NO.423000/31/2020/4395 VALID FROM 08-10-2019 TO 07-10-2020) 3. THE GENERAL MANAGER/MANAGER LEGAL UNITED INDIA ASSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL OFFICE ”SITA SMRUTI” MARUTI LANE BELAGAVI TQ: BELAGAVI, DIST: BELAGAVI. (INSURER OF ASHOK LEYLAND HGV BEARING REGD. NO.KA-01/AE-9211 AND ITS POLICY BEARING NO.0701002719P110474329 VALID FROM 07-11-2019 TO 06-11-2020) …RESPONDENTS (BY SMT. SHARMILA PATIL, ADVOCATE FOR R2; R1 AND R3 NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988 PRAYS THAT ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.972/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, DATED 04.10.2023 BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned counsel for the appellant 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 sum of Rs.1,80,000/- (Rupees One Lakh Eighty 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. The said amount shall be released in favour of 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 4 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 SH Ct:MCK