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2025 DAILYLAW 10463 (KAR)

MAHANTESH v. SATISH AND ORS

MFA/202536/2024 · 2025-03-08

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 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.202536 of 2024 (MV-I) Lok Adalat No.81/2024 BETWEEN: MAHANTESH S/O VEERANGOUDA MALIPATIL, AGE: 23 YEARS, OCC: STUDENT AND AGRICULTURE, R/O CHALAKERI, TQ. KUSHTAGI, DIST. KOPPAL, PRESENTLY R/AT SHARANASIRSAGI, TQ. AND DIST. KALABURAGI. ...APPELLANT (BY SRI. AMARESHWAR S. RAWOOR, ADVOCATE) AND: 1. SATISH S/O SHIVAGUNDA MANGAVI, AGE: 48 YEARS, OCC: DRIVER, R/O MALGAVAN, TQ. MIRAJ, DIST. SANGALI, STATE: MAHARASHTRA-416 407. 2. SHARANBASAVA S/O MALLANNA GOUDA PATIL, AGE: 28 YEARS, OCC: BUSINESS AND OWNER OF CAR BEARING REG. NO. KA-04/MU-4327, R/O 3-1-4, SIDDARAMESHWAR ONI, DEVADURGA, DIST. RAICHUR-584 111. 3. UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, ANAGA COMPLEX, NEAR CHANDRA MOULESHWAR CHOWK, - - 2 LINGASUGURU ROAD, RAICHUR, THROUGH ITS DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, CENTURY COMPLEX, OPP. SANGAM COMPLEX, SUPER MARKET, KALABURAGI-585 101. …RESPONDENTS (BY SRI. SHARANABASAPPA M. PATIL, ADV. FOR R2; V/O DTD. 28.11.2024, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 03.10.2023 IN MVC NO. 457/2021 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND MACT KALABURAGI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION. 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.95,000/- (Rupees Ninety-Five 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 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/- (SUDHIRSINGH R VIJAPUR) MEMBER sdu