GAYATHRI D/O LACHANKERI / JAMBANNA, v. BENAKAL THAYAPPA S/O PARASAPPA
MFA/101532/2019 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43912 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43912 (KAR) · dailylaw.ai ]
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.101532/2019 [MV] (Lok Adalat No.131/2025)
BETWEEN:
GAYATHRI D/O. LACHANKERI/JAMBANNA, AGED ABOUT 24 YEARS, OCC: TAILOR, R/O. HALE MALAPANAGUDI VILLAGE, HOSAPETE TALUK-583201, BALLARI DISTRICT. ...APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
1. BENAKAL THAYAPPA S/O. PARASAPPA, AGED ABOUT 31 YEARS,
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AUTO RICKSHAW DRIVER CUM OWNER BEARING REG NO KA-35/A-4381, R/O. HALE MALAPANAGUDI VILLAGE, HOSAPETE-583201.
2. THE MANAGER, SRI. RAM GENERAL INSURANCE COMPANY LIMITED, R/O.NEAR ICE LAND HOTEL, PATEL NAGAR, HOSAPETE-583201. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD DATED 03.08.2018 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN MVC NO.25/2014 BY ENHANCING THE COMPENSATION FROM RS.2,87,960/- TO RS.16,00,000/- TO THE APPELLANT AND ETC.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
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CONCILIATION ORDER The learned counsel for the appellant 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 global compensation of Rs.3,50,000/- (Rupees three lakh fifty 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. Out of the compensation amount, a sum of Rs.2,50,000/- is ordered to be released in favour of the claimant on proper identification and the remaining amount shall be kept in an interest accruing Fixed Deposit for a period of three years in any nationalized Bank.
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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/- JUDGE
Sd/- MEMBER
KGK /CT-AN