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2025 DAILYLAW 43719 (KAR)

THE DIVISIONAL CONTROLLER v. YALLAVVA W/O YALLAPA WADDAR

MFA/101831/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SHRI MAQBOOLAHAMED M. PATIL, MEMBER M.F.A.No.101831/2024 [MV-I] (Lok Adalat No.170/2025) BETWEEN: 1. THE DIVISIONAL CONTROLLER, NWKRTC, GOKUL ROAD, HUBBALLI, DIST. DHARWAD. 2. THE DIVISIONAL CONTROLLER, NWRTC P. B. ROAD, HAVERI, DIST. HAVERI. 3. THE CONTROLLER, NWRTC, RANEBENNUR BUS STAND, RANEBENNUR, DIST. HAVERI. ALL APPELLANTS ARE REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI. ...APPELLANTS (BY SRI. S. C. BHUTI, ADVOCATE) AND 1. YALLAVVA W/O. YALLAPA WADDAR, 2 AGE 36 YEARS, OCC: HOTEL BUSINESS, PRESENT NIL, R/AT. DURGADEVI NAGAR, MUNDARAGI, TQ. MUNDARAGI, DIST. GADAG-582118. 2. MR. SHAIKHMOINODDIN D. KHAIRATI S/O. DADAHYATH, AGE MAJOR, OCC: TRANSPORT BUSINESS, R/AT. MADNI, JASJID, TABIB LAND, FISH MARKET, HUBBALLI 580020. 3. THE AREA MANAGER, RELIANCE GIC, KALBURGI SQUIRE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580020. …RESPONDENTS (BY SRI. ANJANEYA M, ADV. FOR R1; SRI. G. N. RAICHUR, ADV. FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 20.09.2023 PASSED IN MVC NO.32/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, AWARDING COMPENSATION OF RS.5,44,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF PAYMENT. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER The representative of appellant-NWKRTC along with its counsel and the learned counsel for the respondents-claimants are present. 2. After prolonged negotiations, the matter is settled. The respondents-claimants have agreed to receive and the appellants–NWKRTC has agreed to pay a global compensation of Rs.4,08,000/- (Rupees four lakh eight thousand only) with interest at 6% p.a. from petition till the date of deposit instead of Rs.4,08,375/- 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. Out of the compensation amount, a sum of Rs.1,00,000/- is ordered to be deposited in an interest accruing fixed deposit for a period three years and the remaining amount of compensation 4 shall be released in favour of the claimant on due identification. 4. The appellant – NWKRTC 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 VNP /CT-AN