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2025 DAILYLAW 11761 (KAR)

HANAMANTH v. SIDDAPPA AND ORS

MFA/200168/2025 · 2025-04-26

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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. JOSHI AND SRI S.V.DESHMUKH, MEMBER M.F.A. NO.200168 OF 2025 (MV-I) Lok Adalat No. 227/2025 BETWEEN HANAMANTH S/O UPASAPPA TELI, AGE 32 YEARM, OCC: AGRICULTURE RESIDENT OF MAMADAPUR, TQ. AND DIST. VIJAYAPURA 586113 ...APPELLANT (BY SRI BASAVARAJ R MATH, ADVOCATE) AND 1 . SIDDAPPA S/O GANGAPPA SHIROL, AGE 53 YEARS ,OCC: AGRICULTURE RESIDENT OF MAMADAPUR, TQ AND DIST VIJAYAPRUA 586113 (OWNER OF THE VEHICLE NO. KA.22/A2324) 2 . ORIENTAL INSURANCE COMPANY LIMITED BIDARI BUILDING, S S FRONT ROAD, VIJAYAPURA 586101 - - 2 3 . FIROZ K KUDACHI AGE: MAJOR, COLONY BUSINESS, RESIDENT OF KHB COLONY, MANTUR ROAD, MUDHOL, TQ MUDHOL, DIST BAGALKOT 587313 …RESPONDENTS (BY SRI MOHD ADBUL QUAYUM, ADVOCATE FOR R2; V/O DTD.11.02.2025, NOTICE TO R1 & R3 IS DISPENSED WITH) ) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO, CALL FOR RECORDS AND ENHANCE THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 02.08.2023 PASSED BY THE IV ADDL DISTRICT AND SESSIONS JUDE AND MACT XIII, VIJAYAPURA, IN MVC NO. 348/2016, IN THE INTEREST OF JUSTICE AND EQUITY. 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 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 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/- (S.V.DESHMUKH) MEMBER SMP