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2025 DAILYLAW 11140 (KAR)

SWAMINATH v. MAHENDRA AND ANR

MFA/201583/2019 · 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.201583 of 2019 (MV-I) Lok Adalat No.139/2025 BETWEEN SWAMINATH S/O BASAVANNAPPA HATAGUNDE, AGE: 40 YEARS, OCC: DRIVER, R/O EARLIER AT KITTUR CHANNAMMA NAGAR, VIJAYAPUR ROAD, VIJAYAPUR, NOW RESIDING AT HONAWAD VILLAGE, TQ. VIJAYAPURA-586 130. ...APPELLANT (BY SRI BASAVARAJ R. MATH, ADVOCATE) AND 1. MAHENDRA S/O NAMDEO CHAVAN, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/O RAJASWA NAGAR, B.536, VIJAYAPUR ROAD, SOLAPUR-413 001, (OWNER OF SCORPIO CAR NO.MH.13/BN-0099). 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., - - 2 SANGAM BUILDING, S.S. FRONT ROAD, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI SUDARSHAN M., ADV., FOR R2; V/O DTD. 21.01.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 08.03.2019 PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND MACT NO.13, VIJAYAPURA IN MVC NO.1504/2015. 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.2,00,000/- (Rupees Two Lakhs 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. - - 3 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