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2025 DAILYLAW 11101 (KAR)

RAMESH v. R VADIVEL AND ANR

MFA/203065/2024 · 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.203065 of 2024 (MV) Lok Adalat No. 98/2025 BETWEEN: RAMESH S/O REVAPPA DONAGI @ DUNAGI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O HADALASANG, TQ: INDI, NOW R/AT KC NAGAR, SOLAPUR ROAD, VIJAYAPURA-586101. ...APPELLANT (BY SRI SANGANABASAVA B PATIL, ADVOCATE) AND: 1. R VADIVEL, AGE: 48 YEARS, OCC: BUSINESS, R/O NO.10, SSS BUILDING, A V ROAD, CHAMARAJPETH BANGALORE-560018. 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD, BEHIND S. S. TEMPLE, S. S. ROAD, VIJAYAPURA-586101. …RESPONDENTS (BY SMT. PREETI PATIL, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.02.2022 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, AT: VIJAYAPUR - 2 - IN MVC NO.301/2016 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT HEREIN. 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.11,80,000/- (Rupees Eleven Lakhs Eighty 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. Out of the compensation awarded, Rs.6,80,000/- of the amount is ordered to be kept in fixed deposit in any nationalized bank or scheduled bank of claimant’s choice for a period of three years and the claimant would be entitled to withdraw periodical interest. Balance of Rs.5,00,000/- of the - 3 - amount is ordered to be paid to the claimant on proper identification. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ