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2025 DAILYLAW 11916 (KAR)

VEERESH S/O MALLAPPA v. KARUNASAGAR AND ANR

MFA/200579/2023 · 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.200579 OF 2023 (MV) Lok Adalat No.204/2025 BETWEEN: VEERESH S/O MALLAPPA AGE: 10 YEARS, MINOR UNDER GUARDIAN, OF HIS FATHER SRI MALLAPPA S/O SAYABANNA AGE:37 YEARS, OCC: LABOUR, R/O GODUR S ANDOLA, TQ JEWARGI, DIST: KALABURAGI NOW R/AT KOTNOOR-D VILLAGE, TQ & DIST: KALABURAGI – 585102. ...APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. KARUNASAGAR S/O MALLANNA AGE MAJOR, OCC. NOT KNOWN, R/O SHAHA HUSSAIN CHILLA BRAHMAPUR, KALABURAGI 585102. 2. THE MANAGER, TATA AIG GENERAL INSURANCE CO. LTD, HALL MARK BUILDING, 3RD FLOOR, DESAI CROSS, HUBLI – 585102. …RESPONDENTS (BY SMT. PREETI PATIL, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) - - 3 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 28.07.2022 PASSED IN MVC NO.921/2020 BY THE PRL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND ENHANCING THE COMPENSATION FROM RS, 01,71,000/- WITH 6 PERCENT INTEREST TO RS, 15,00,000/- WITH 12 PERCENT INTEREST. C) GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONOURABLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. 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.2,80,000/- (Rupees Two Lakh Eighty 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 order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal. - - 4 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