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2025 DAILYLAW 12169 (KAR)

SHARANAPPA @ SABANNA v. SAMIR AND ANR

MFA/200356/2024 · 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.200356 of 2024 (MV) Lok Adalat No.65/2025 BETWEEN SHARANAPPA @ SABANNA S/O HANMANTHA, AGE:62 YEARS, OCC: COOLIE (NOW NIL), R/O KATAGISHAHAPUR VILLAGE TALUK AND DISTRICT YADAGIRI-585202. ...APPELLANT (BY SRI AMARESHWAR S. RAWOOR, ADVOCATE) AND 1. SAMIR S/O MOHAMMED SAB, AGE:47 YEARS, OCC: OWNER OF AUTO BEARING REG NO.KA-33/A-5607, R/O SUTAR HOSALLI TALUK AND DIST: YADAGIR-585321. 2. UNITED INDIA INS CO LTD THROUGH ITS DIVISIONAL MANAGER OPP: SANGAM THEATRE SUPER MARKET, KALABURAGI-585102. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI,ADV. FOR R2; V/O DATED 03.07.2024 NOTICE TO R1 D/W) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 05.05.2023 PASSED IN MVC NO.177/2021 BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, YADAGIRI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. 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.75,000/- (Rupees Seventy-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. 3. The entire amount shall be released in favour of the Claimant. - - 3 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 sdu