SAGAR S/O MADIVALAPPA EARABAS v. ABBAS TRANSPORT COMPANY AND ANR
MFA/201410/2019 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10876 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10876 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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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.201410 of 2019 (MV-I) Lok Adalat No.138/2025
BETWEEN
SAGAR S/O MADIVALAPPA EARABAS, AGE: 22 YEARS, OCCU: AGRICULTURE (PRESENTLY NIL), R/O VILLAGE KHANDALA, TQ. BASAVAKALYAN, DIST. BIDAR. ...APPELLANT
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND
1.
ABBAS TRANSPORT COMPANY,
GAT NO.123, TISGAON, WALUJ ROAD,
AURANGABAD, DIST. AURANGABAD-431 001,
(MAHARASHTRA STATE).
2.
THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
F8 FIRST FLOOR, GANESH COMPLEX,
GANESH ROAD, CHAALISGAON,
THROUGH THE MANAGER UNITED INS. CO. LTD.,
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JAWALI COMPLEX, NEAR SUPER MARKET, KALABURAGI-585 102.
…RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; R1-SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION TO RS.6,29,800/- (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BASAVAKALYAN DATED 16.10.2018 IN MVC NO.206/2016.
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.90,000/- (Rupees: Ninety 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. The same is accepted.
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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)
SBS