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2025 DAILYLAW 11715 (KAR)

GURUNATH v. HANUMANTHRAO AND ANR

MFA/203804/2023 · 2025-03-08

Lok Adalath

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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.203804 of 2023 (MV-I) Lok Adalat No.7/2025 BETWEEN: GURUNATH S/O CHANDRASHA CHINCHOLI, AGE: 42 YEARS, OCC: DRIVER OF PASSANGER AND HEAVY GOODS VEHICLE, R/O NEELUR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585301. ...APPELLANT (BY SRI. NAGARAJ PATIL, ADVOCATE) AND: 1. HANUMANTHRAO S/O MALLIKARJUN GADLEGAON, AGE: MAJOR, OCC: BUSINESS, R/O HIRANAGAON, TQ. BASAVAKALYAN, DIST: BIDAR-585 327, (OWNER OF THE MARUTI SUZUKI CAR BEARING REG. NO. KA-56/M-0853) 2. THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS DIVISION MANAGER, SANGAMESHWAR NAGAR, S.B. TEMPLE ROAD, KALABURAGI-585 101. …RESPONDENTS (BY SRI. SUDARSHAN M., ADVOCATE FOR R2) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO A) MODIFY THE JUDGMENT AND AWARD DATED 17.12.2022 PASSED IN MVC NO. 881/2021 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MACT KALABURAGI. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF RS.14,99,999/- ONLY AS CLAIMED BY THE APPELLANT. B) ORDER FOR COSTS OF THIS APPEAL. 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.1,70,000/- (Rupees One Lakh Seventy 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. - - 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) SMP