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2025 DAILYLAW 44179 (KAR)

THE DIVISIONAL MANAGER v. NARAYAN RAVALU SHAHAPURKAR

MFA/100180/2023 · 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.100180/2023 (MV) LOK ADALAT NO.254/2025 C/W M.F.A. NO.104680/2022 LOK ADALAT NO.254/2025 IN M.F.A. NO.100180/2023 (MV) BETWEEN: THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., OFFICE AT E-8, EPIP, SITAPUR INDUSTRIAL AREA, JAIPUR-RAJASTHAN, REPRESENTED BY ITS AUTHORIZED SIGNATORY. ...APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. NARAYAN RAVALU SHAHAPURKAR, AGE. 43 YEARS, OCC. VEGETABLE VENDING BUSINESS (NOW NIL), R/O. GANGA NAGAR, MACCHE, TQ. AND DIST. BELAGAVI-591102. 2 2. GENAPPA BHAVAKANNA PATIL, AGE. MAJOR, OCC. BUSINESS, R/O. PATIL GALLI, DESUR, TQ. AND DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI HANAMANT R.LATUR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC NO.1282/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ETC., IN M.F.A. NO.104680/2022 BETWEEN: NARAYAN S/O. RAVALU SHAHAPURKAR, AGE. 41 YEARS, OCC. VEGETABLE VENDING BUSINESS NOW NIL, R/O. GANGA NAGAR, MACCHE, PIN-590014, TALUKA. AND DIST. BELAGAVI. ...APPELLANT (BY SRI HANAMANT R.LATUR, ADVOCATE) AND: 1. SHRI. GENAPPA S/O. BHAVAKANNA PATIL, AGE. 40 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, DESUR, TALUKA. AND DIST. BELAGAVI, PIN-590014. 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE AT E-8 EPIP SITAPURA INDUSTRIAL AREA, JAIPUR, RAJASTHAN, PIN-302022, TQ. AND DIST. JAIPUR. …RESPONDENTS (BY SRI SURESH S.GUNDI, ADVOCATE FOR R2.) 3 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC NO.1282/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS 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.6,45,000/- (Rupees Six Lakh Forty-Five Thousand Only), in full and final settlement of the claim as against the award of tribunal of Rs.5,67,600/-. 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 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. Both the Miscellaneous First Appeals stand disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. 6. Statutory amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal forthwith for disbursement. Sd/- JUDGE Sd/- MEMBER CT: UMD. MRK