Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 44102 (KAR)

SRI NARAYAN IRA NAIK v. SRI NAGAVINAYA S/O SUBHASH

MFA/100772/2025 · 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 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.100772/2025 (MV) LOK ADALAT No.80/2025. BETWEEN: SRI. NARAYAN IRA NAIK, AGED ABOUT 62 YEARS, OCC.-MASON, R/O. SATYANARAYAN NAGAR, MUNADLLI VILLAGE, BHATKAL TALUK-581 230. ...APPELLANT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) AND 1. SRI. NAGAVINAYA S/O. SUBHASH AGED ABOUT 31 YEARS, OCC. NIL, R/O. KALHITTLU, SHIRROR, KUNDAPUR TALUK, UDUPI DISTRICT 576101, OWNER OF CAR BEARING REG.NO.KA-50-A-1994. 2. THE DIVISIONAL MANAGER 2 THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, UDUPI 576101 …RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R-2) (SERVICE OF NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT, MODIFY THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO.385/2022 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BHATKAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for the claimant and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent No.2- 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 the Tribunal, in full and final settlement of the claim. A Joint 3 Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Respondent No.2-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the 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. The parties are not entitled to any cost. 4. On deposit, the entire amount shall be released in favour of claimant forthwith. 5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. Award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Ckk/LNN ct-cmu