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2025 DAILYLAW 12123 (KAR)

SHANKAR v. PUTTA SRINIVAS AND ANR

MFA/200156/2024 · 2025-03-08

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 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.200156 of 2024 (MV-I) Lok Adalat No.6/2025 BETWEEN: SHANKAR S/O BHOJYANAYAK CHAVAN, AGE: 49 YEARS, OCC: NIL, R/O N.N. THANDA KONAPUR, TQ. SEDAM, DIST. KALBURAGI. ...APPELLANT (BY SMT. LAKSHMI G.E., ADVOCATE) AND: 1. PUTTA SRINIVAS S/O P. THIMMAPPA, AGE: MAJOR, OCC: BUSINESS, R/O H.NO. 5-1-58/59, RAJA VEEDI, GADWAL MAHEBOOBNAGAR, TELANGANA STATE-509 001, (OWNER OF VEHICLE BEARING NO. TS.06/EP.1115 MARUTI SWIFT DZIRE VDI BS IV (MOTOR CAR). 2. MARUTI INS. BROKING PVT. LTD-1, NELSAN MANDELA ROAD, VASANTA KUNJA, NEW DELHI-110 070, (THROUGH ITS DIVISIONAL MANAGER, - - 2 NEW INDIA ASSURANCE CO. LTD., SANGAMESHWAR COLONY, S.B. TEMPLE ROAD, BRAHMPUR, KALBURAGI-585 105. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O DTD. 21.01.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGEMENT AND AWARD DATED 23.01.2023 PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT SEDAM IN MVC NO. 603/2020 AND PLEASE TO ENHANCE THE COMPENSATION TO RS.15,00,000/-. 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.71,000/- (Rupees Seventy One Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo - - 3 is filed on behalf of the parties to this effect. The 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) MEMBER SMP