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2025 DAILYLAW 44219 (KAR)

SRI SADANAND S/O NINGAPPA GURAV v. JKC MANUFACTURER

MFA/104210/2024 · 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 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.104210/2024 (MV) LOK ADALAT No. 81/2025. BETWEEN: SRI. SADANAND S/O. NINGAPPA GURAV, AGE. 47 YEARS, OCC. COOLIE, NOW NIL, R/O. BAMBALWAD, TQ.-CHIKKODI, DIST.-BELAGAVI-591307. ...APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND 1. JKC MANUFACTURER OCC. BUSINESS, R/O. KUNNUR, TQ. CHIKKODI, DIST. BELGAVI-591307. 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., 2 GOAVES CIRCLE, 3RD FLOOR AMAR EMPIRE KHANAPUR ROAD, BELAGAVI-590001. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03.02.2024 PASSED IN MVC NO.1104/2020 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI SITTING AT CHIKKODI, 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 respondent No.2- Insurance Company has agreed to pay a global compensation of Rs.1,50,000/- (Rupees One lakh fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A 3 Joint 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 the claimant forthwith. 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Ckk/LNN ct-cmu