Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 11890 (KAR)

SHIVARAJ S/O SRIMANTHRAO MALAKAPPAGOL v. MANJUNATH S/O SHIVAPPA KEMBHAVI AND ORS

MFA/200628/2023 · 2025-03-08

Lok Adalath

body2025

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.200628 OF 2023 (MV-I) Lok Adalat No.146/2025 BETWEEN SHIVARAJ S/O SRIMANTHRAO MALAKAPPAGOL, AGE ABOUT 60 YEARS, OCC:NIL, PREVIOUSLY AGRICULTURE, R/O MAHAGAON, TQ. AND DIST. KALABURAGI. ...APPELLANT (BY SRI. PRAKASH S. MAISALGI, ADVOCATE) AND 1. MANJUNATH S/O SHIVAPPA KEMBHAVI, AGE: MAJOR, OCC: OWNER OF TEMP TRAX CRUSIHER NO. KA-35/-5902, R/O HIRAPUR, MSRTC COLONY, KALABURAGI-585 103. 2. THE RELIANCE GEN. INS. CO. LTD., 3RD FLOOR, ASIAN PLAZA, S.V.P CHOWK, KALABURAGI-585 102. THROUGH ITS MANAGER. 3. PREMKUMAR S/O IRANNA WAGGE, AGE: MAJOR, OCC: OWNER OF TRAX CRUISER - - 2 BEARING NO.AP-27/X-7609, R/O 11-9627/B1, HEERA NAGAR, HIRAPUR, KALABURAGI-585 103. 4. RELIANCE GENERAL INSURANCE CO. LTD., 3RD FLOOR, ASIAN PLAZA, S.V.P. CHOWK, KALABURAGI-585 103. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2 & R4; V/O DTD. 09.10.2023, NOTICE TO R1 & R3 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND MACT KALABURAGI AT KALABURAGI IN MVC NO. 949/2017 DATED 02.03.2020 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT. 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.1,25,000/- (Rupees One 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 - - 3 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. 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