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2025 DAILYLAW 11772 (KAR)

VIJAYKUMAR v. SHANKAR AND ORS

MFA/204073/2023 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- - 2 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE SPECIAL 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 VIJAYKUMAR A.PATIL AND SRI SUDHEER KULKARNI, MEMBER M.F.A. NO.204073 OF 2023 (MV-I) Lok Adalat No.206/2025 BETWEEN: VIJAYKUMAR S/O DAMULU RATHOD, AGE:38 YEARS, OCC: AGRICULTURE AND COMPUTER OPERATOR IN NEWS PAPER, R/O NANDILUR TANDA, TQ & DIST: KALABURAGI. ...APPELLANT (BY SRI AMARESHWAR S. RAWOOR, ADVOCATE) AND 1. SHANKAR S/O SHIVAPUTRA BULLA, AGE: 27 YEARS, OCC: DRIVER OF VEHICLE, R/O SARADAGI-B,TQ & DIST: KALABURAGI-585102. 2. GANESH S/O GULABRAO DUMBRE, AGE: MAJOR, OCC: OWNER OF VEHICLE, R/O 2534-A, KOLMATTA UTUR, TALUKA JUNNUR, PUNE – 412409. 3. THE DIVISIONAL MANAGER, UNITED INDIA INS CO LIMITED, NO. #2/907/117/1/4, 1ST FLOOR, BADEPUR SAI NAGAR, NEAR OLD RTO SEDAM ROAD, KALABURAGI-585102. - - 3 4. DHARAMARAJ S/O DEVIND UTNALKAR, AGE: MAJOR, OCC: PRIVATE WORK (HIS NAME APPEARING IN THE POLICY), R/O SAGANOOR, TQ. AFZALPUR, DIST: KALABURAGI – 585102. …RESPONDENTS (BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R3; NOTICE TO R1, R3 & R4 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCED COMPENSATION AND MODIFY THE JUDGMENT AND AWARD DATED 21.12.2022 PASSED IN MVC NO.275/2020 ON THE FILE THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI. 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 their 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.85,000/- (Rupees Eighty 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. - - 4 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/- (VIJAYKUMAR A.PATIL) JUDGE Sd/- (SUDHEER KULKARNI) MEMBER MCR