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2025 DAILYLAW 11097 (KAR)

YALLALING v. RAMESH PAWAR AND ANR

MFA/203073/2024 · 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.203073 of 2024 (MV) Lok Adalat No. 97 /2025 BETWEEN: YALLALING S/O NARASAPPA, AGE: 23 YEARS, OCC: AGRICULTURAL LABOUR, NOW NIL, R/O H.NO. 1-26 UR AGASI ROAD, NEAR GRAMA DEVATE TEMPLE, VILLAGE DONGAOV, TQ: CHITTAPUR, DIST: KALABURAGI – 585101. ...APPELLANT (BY SRI NAGARAJ PATIL, ADVOCATE) AND: 1. RAMESH PAWAR S/O SURESH, AGE: MAJOR, OCC: BUSINESS, R/O H.NO. 1-33/1, HOTHPET MUNDINA TANDA, TQ. SHAHAPUR, DIST. YADGIRI – 585287. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, BILGUNDI MANSION, STATION ROAD, OPP: MINI VIDHANA SOUDHA KALABURAGI – 585102. …RESPONDENTS (BY SMT. PREETI PATIL, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT - 2 - AND AWARD DATED 29.11.2023 PASSED IN MVC NO.1059/2020 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF RS.14,99,999/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE COURT. 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.2,15,000/- (Rupees Two Lakhs Fifteen 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. 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 - 3 - 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ