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2025 DAILYLAW 4060 (KAR)

SHRI BHIMAPPA S/O ARJUN HULYAL v. SHRI HANAMANT S/O DUNDAPPA TALAVAR

MFA/100901/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI SANGRAM S.KULKARNI, MEMBER M.F.A. NO.100901/2024 (MV) LOK ADALAT NO. 266/2025 BETWEEN: SHRI BHIMAPPA S/O. ARJUN HULYAL, AGE. 33 YEARS, OCC. GOUNDI WORKS, R/O. ALAKHANUR, TQ. RAIBAG, DIST. BELAGAVI-593107. ...APPELLANT (BY SRI SANTOSH HATTIKATAGI, ADVOCATE) AND: 1. SHRI HANAMANT S/O. DUNDAPPA TALAVAR, AGE. MAJOR, OCC. BUSINESS, R/O. AT POST. MUGALKHOD, TQ. RAIBAG, DIST. BELAGAVI-593107. 2. CHOLA MANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS GENERAL MANAGER, 1ST FLOOR, V.A. KALBURGI SQUARE, 2 DESAI CROSS, DESHPANDE NAGAR, HUBBALLI TRAFFIC ISLAND, S.O. CITY-DHARWAD, STATE KARANTAKA-593107. …RESPONDENTS (BY SRI R.R. MANE, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03.02.2024 PASSED IN MVC NO.1413/2020 ON THE FILE OF THE XII ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT GOKAK, BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the claimant and the representative of Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.90,000/- (Rupees ninety thousand only), in addition to what has been awarded by 3 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 said amount shall be released in favour of the claimant. 4. The 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/- JUDGE Sd/- MEMBER CT: UMD. RHR/-