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2025 DAILYLAW 10243 (KAR)

DEEPAK v. BABRUWAN AND ANR

MFA/201827/2024 · 2025-04-26

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 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.201827 OF 2024 (MV-I) Lok Adalat No.238/2025 BETWEEN DEEPAK, AGE 32 YEARS, OCC DRIVER IN MANIK PRABHU STONE CRUSHER TEGAMPUR ,R/O VILLAGE HONNIKERI, TQ BIDAR-585402. ...APPELLANT (BY SRI BASAVARAJ R MATH, ADVOCATE) AND 1 . BABRUWAN S/O PANDURANGRAO BIRADAR, AGE MAJOR, OCC BUSINESS, R/O VILLAGE HALHALLI TQ AURAD(B) DIST BIDAR-585326 (OWNER OF CAR BEARING NO.KA.38/M.3373) 2 . THE BRANCH MANAGER M/S NEW INDIA ASSURANCE COMPANY LTD BRANCH OFFICE NO.8-9-265/313, 1ST FLOOR PADMA KUNJA COMPLEX ABOVE IDBI BANK UDGIR ROAD, BIDAR-585401. - - 2 (VALID POLICY NO.68030131210100001636 VALID FROM 13- 07-2021 TO 12-07-2022) …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PLEASED TO CALL FOR RECORDS AND MODIFY BY ENHANCING THE IMPUGNED JUDGMENT AND AWARD DATED 02.01.2024 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC AND MACT, BIDAR IN MVC NO. 115/2022 IN THE INTEREST OF JUSTICE AND EQUITY. 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.2,00,000/- (Rupees Two Lakhs 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 3. The entire amount shall be released in favour of the Claimant. 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/- (C.M. JOSHI) JUDGE Sd/- (S.V.DESHMUKH) MEMBER SMP