Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9962 (KAR)

THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., v. DEVAPPA @ DYAVANNA AND ANR

MFA/201971/2022 · 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 SPECIAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. JOSHI AND SRI S.V. DESHMUKH, MEMBER M.F.A. NO.201971/2022(MV) C/W. M.F.A. CROB NO.200034/2024 Lok Adalat No.234/2025 IN MFA NO.201971/2022 BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR-302022, RAJASTHAN PRESENTLY REPRESENTED BY ITS SRIRAM GENERAL INSURANCE CO. LTD., NO. 3/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF BHANNERUGHATTA ROAD, - - 2 IIMB POST, BENGALURU 560076 ...APPELLANT (BY SRI SUDARSHAN M., ADVOCATE) AND 1. DEVAPPA @ DYAVANNA S/O SIDDANNA @ SIDDAPPA AGE: 52 YEARS, OCC. LABOUR, NOW NIL R/O H.NO. E/6/96, SHAHABAD, TQ CHITTAPUR, DIST KALABURAGI, NOW RESIDING AT TAJ SULTANPUR TQ & DIST KALABURAGI-585104 2. RANGAPPA S/O BASAVARAJ AGE: MAJOR, OCC. AGRICULTURE & OWNER OF TRACTOR BEARING REGISTRATION NO.KA-32/T-4497 AND TRAILER BEARING NO.KA-32/T-4500 R/O E/6/290 SHAHABAD, TQ. CHITTAPUR, DIST KALABURAGI-585228. …RESPONDENTS (BY SRI ANAND V. TURE, ADVOCATE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.10.2021 PASSED IN MVC NO.797/2018 ON THE FILE OF THE II ADDL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI. - - 3 IN MFA CROB NO.200034/2024 BETWEEN DEVAPPA @ DYAVANNA S/O SIDDANNA @ SIDDAPPA, AGE: 53 YEARS, OCC. LABOUR, NOW NIL, R/OF H.NO. E/6/96, SHAHABAD, TALUKA CHITTAPUR, DISTRICT KALABURAGI, NOW RESIDING AT TAJ SULTANPUR, TALUKA & DISTRICT KALABURAGI. ...CROSS OBJECTOR (BY SRI ANAND V. TURE, ADVOCATE) AND 1. RANGAPPA S/O BASAVARAJ, AGE: MAJOR, OCC. AGRICULTURE & OWNER OF TRACTOR BEARING REG. NO.KA-32/T-4497 AND TRAILER BEARING REG. NO. KA-32/T-4500, R/OF E/6/290, SHAHABAD, TALUKA CHITTAPUR, DISTRICT KALABURAGI. 2. THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR-302022, RAJASTHAN. …RESPONDENTS (BY SRI SUDARSHAN M., ADVOCATE FOR R2) THIS MFA CROB., IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 28.10.2021 PASSED IN MVC NO.797/2018 ON THE - - 4 FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI. THIS APPEAL AND M.F.A. CROB., COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the cross-objector- petitioner/claimant and the representative of appellant- respondent/Insurance Company along with its counsel are present. 2. The appellant-Shriram General Insurance Company Limited has agreed to pay and cross-objector- claimant has agreed to receive lump-sum amount of Rs.50,000/- (Rupees Fifty Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The entire amount shall be released in favour of the Claimant. 4. The Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from - - 5 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 MFA Crob. filed by the petitioner/claimant stands disposed of in terms of the Joint Memo. In view of the settlement arrived in MFA Crob No.200034/2024 filed by the petitioner/claimant, the MFA No.201971/2022 filed by the Insurance Company is disposed off. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. 6. The amount in deposit, if any, be transmitted to the concerned Tribunal. Sd/- (C.M. JOSHI) JUDGE Sd/- (S.V.DESHMUKH) MEMBER SBS