Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G BASAVARAJA AND
SRI. PRASHANT S. KADADEVAR, MEMBER
M.F.A.No.103594/2016 (MV) LOK ADALAT No.32/2025.
BETWEEN
THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD., MERCHANTS BANK BUILDING, S.R. CIRCLE BAILHONGAL, DIST: BELAGAVI, HEREIN REP. BY DEPUTY MANAGER THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGAL COMPLEX, OPP. H.D.M.C. HUBLI-580020. ...APPELLANT
(BY SRI. M.Y. KATAGI, ADVOCATE)
AND 1 . AMRUTA D/O. MAHANTESH YARAGANAVI, AGE: 3 YEARS, OCC: NIL, SINCE MINOR REP. BY NATURAL FATHER, SRI. MAHANTESH SHIVANAND YERAGANAVI,
2 AGE: 27 YEARS, OCC: DRIVER R/O: SATTIGERI, NOW AT UDAKERI, TQ: BAILHONGAL, DIST: BELAGAVI.
2 . BASAVRAJ TIPPANNA BALIGAR AGE: 55 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: SATTIGERI, TQ: SAVADATTI, DIST: BELAGAVI.
..RESPONDENTS
(BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE FOR R1)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO, SET ASIDE THE
JUDGMENT & AWARD DATED:10.08.2016, PASSED IN MVC.NO.267/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AND PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT AND FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION
ORDER IS PASSED:
3 CONCILIATION ORDER This appeal is filed against the judgment and award passed in MVC No.267/2015 on the file of the Senior Civil Judge and Addl. MACT, Bailhongal, which has been referred to this Lok Adalat by the Hon’ble High Court under Section 20 of the Legal Services Authorities Act,
1987. The parties to the appeal have settled their claim before the Lok Adalat on the following terms.
2. The appellant – Insurance Company has agreed to pay and the respondent – Claimant has agreed to receive a sum of Rs.9,55,000/- in full and final settlement of the claim. However, the appellant – Insurance Company has paid / deposited a sum of Rs.3,55,000/- and also agreed to deposit the remaining amount of Rs.6,00,000/- within six weeks from today, failing which the said amount shall carry interest at 9% p.a. from the date of default till the date of deposit.
3. The Tribunal has passed an award to release an amount of Rs.3,50,000/- in favour of the appellant – Claimant, who is the next friend of the minor petitioner. It is submitted by the learned counsel for the Claimant that
4 the Tribunal has awarded a sum of Rs.2,70,000/- towards medical expenses. Learned counsel further submits that amount is required for day-to-day medical expenses.
4. Considering the submission, out of Rs.9,55,000/-, the Tribunal is directed to release an amount of Rs.5,00,000/- in favour of the appellant – Claimant after due identification.
5. With regard deposit of the remaining amount of Rs.4,55,000/-, the same shall be as per the order of the Tribunal.
6. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith.
Sd/- JUDGE
Sd/- MEMBER Rsh / ct-cmu