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2025 DAILYLAW 10767 (KAR)

BHIMARAO AND ORS v. SANGAPPA AND ANR

MFA/201840/2022 · 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 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.201840 of 2022 (MV-D) Lok Adalat No.162/2025 BETWEEN: 1. BHIMARAO S/O ARJUNRAO, AGE: 34 YEARS, OCC: NIL, HANDICAP, R/O MUSTAPUR, TQ. AURAD-B, DIST. BIDAR. 2. DIVYA D/O BHIMARAO, AGE: 21 YEARS, OCC: MAJOR, R/O MUSTAPUR, TQ. AURAD-B, DIST. BIDAR. 3. DEEPAVALI D/O BHIMARAO, AGE: 27 YEARS, OCC: HOUSEHOLD, R/O MUSTAPUR, TQ. AURAD-B, DIST. BIDAR. 4. POOJA D/O BHIMARAO, AGE: 23 YEARS, OCC: NIL, R/O MUSTAPUR, TQ. AURAD-B, DIST. BIDAR. ...APPELLANTS (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE) - - 2 AND: 1. SANGAPPA S/O SIDRAMAPPA RONTE, AGE: MAJOR, OCC: LORRY OWNER, R/O NEW TIRUMALA TRANSPORT, GUL MARKET, LATUR MAHARASHTRA-413 512. 2. SRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN-302 022. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 11.06.2021 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT AURAD-B IN MVC NO. 274/2017 AND ENHANCE 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 Appellants/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum compensation amount of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint - - 3 Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The apportionment, deposit and release of the enhanced compensation amount will be as per the order of the Tribunal. 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 sbs