Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 44263 (KAR)

SUMANGALA W/O RAMACHANDRA BHAT v. RAJU S/O JANU MARATI

MFA/100769/2025 · 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 08T H DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER M.F.A.No.100769/2025 (MV-D) LOK ADALAT No.137/2025. BETWEEN: 1 . SUMANGALA W/O RAMACHANDRA BHAT AGED ABOUT 45 YEARS, OCC. HOUSEHOLD, 2 . CHINMAYI D/O RAMACHANDRA BHAT AGED ABOUT 14 YEARS, (APPELLANT NO. 2 IS MINOR REP. BY HER MOTHER APPELLANT NO.1) BOTH ARE R/O MUNDALLI, BHATKAL TQ-583120. ...APPELLANTS (BY MS. SOUBHAGYA S. VAKKUND, ADVOCATE) AND: 1 . RAJU S/O JANU MARATI AGED ABOUT MAJOR, R/O BELLATTE, TALAGOD, HONNAVAR, TQ.581334. (OWNER OF BOLERO MAXI TRUCK BEARING REG.NO. KA-47/7025) 2 2 . THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, PCARD BANK BUILDING, COURT ROAD, HONNAVAR, TQ. U.K. DISTRICT-581334. …RESPONDENTS (BY SHRI SUBHASH J. BADDI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 11.06.2021 PASSED IN MVC NO.175/2018 ON THE FILE OF THE MEMBER, ADDL. MACT AND SENIOR CIVIL JUDGE AND JMFC AT BHATKAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for claimants and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.4,00,000/- (Four Lakh rupees 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 3. Respondent-Insurance Company has agreed to deposit the said amount before 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. 4. The apportionment with regard to release and deposit of the aforesaid compensation amount shall be as per the order of the Tribunal. 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 JTR CT:VP