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2025 DAILYLAW 11304 (KAR)

SHIVAPPA AND ANR v. SANGANABASAYYA AND ANR

MFA/203171/2023 · 2025-03-08

Lok Adalath

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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.203171 of 2023 (MV-D) Lok Adalat No.20/2024 BETWEEN: 1. SHIVAPPA S/O MALLAPPA BHIARAWADAGI, AGE: 58 YEARS, OCC: AGRICULTURE, C/O SIDDANAGOUDA PATIL, R/O BURANAPUR, TQ. AND DIST. VIJAYAPURA-586 101. 2. KASTURI W/O SHIVAPPA BHIARAWADAGI, AGE: 48 YEARS, OCC: HOUSEHOLD, C/O SIDDANAGOUDA PATIL, R/O BURANAPUR, TQ. AND DIST. VIJAYAPURA-586 101. ...APPELLANTS (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. SANGANABASAYYA S/O SHANKRAYYA SHIVAMURTHIMATH, AGE: 54 YEARS, OCC: OWNER OF TRUCK BEARING NO. KA-28/A-7211, R/O HAVARAGI, TQ. HUNAGUND, DIST. BAGALKOT-587 101. - - 2 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., S.S. FRONT ROAD, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI. S.S. ASPALLI, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND MACT-VII, VIJAYAPURA AT VIJAYAPURA IN M.V.C. NO. 1633/2019 DATED 11.02.2022 SEEKING ENHANCEMENT AND CHALLENGING THE 50% LIABILITY AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANTS HEREIN. 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 of compensation of Rs.3,25,000/- (Rupees Three Lakh Twenty-Five 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 3. The apportionment, deposit and release is 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 sdu