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2025 DAILYLAW 44297 (KAR)

SMT K JAYAMALA W/O. H.S.LAXMIPATHI v. SANTHOSA R S/O. S.Y RANGAPPA

MFA/101780/2024 · 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.101780/2024 (MV) LOK ADALAT No.49/2025. BETWEEN 1. SMT. K. JAYAMALA W/O. H.S. LAXMIPATHI AGE- 45 YEARS, OCC. HOUSEHOLD. 2. SAHANA S.L. D/O. H.S. LAXMIPATHI AGE- 22 YEARS, OCC. STUDENT. 3. SUMATHI S.L. D/O. H.S. LAXMIPATHI AGE-20 YEARS, OCC. STUDENT. 4. SANJANA S.L. D/O. H.S. LAXMIPATHI AGE-18 YEARS, OCC. STUDENT. 5. GANESH S.L. S/O. H.S. LAXMIPATHI AGE-16 YEARS, OCC. STUDENT. ALL R/O. DEVARAHALLI, TQ.-CHANNAGIRI, NOW AT C/O. SOMAPPA NANDYAL, OF GANGAPUR VILLAGE, TQ. -RANEBENNUR, DIST. -HAVERI-591231. 2 (APPELLANT NO.5 IS MINOR AND REPRESENTED BY HIS M/G APPL.NO.1) ...APPELLANTS (BY SRI. ANJANEYA M. ADVOCATE) AND 1. SANTHOSHA R. S/O. S.Y. RANGAPPA, OWNER OF MARUTI OMNI CAR REG. NO.KA.25/MB-3140, R/O. BULASAGAR HATTI, BULASAGAR VILLAGE, TQ. CHANNAGIRI, DIST: DAVANAGERE-592412. 2. THE BRANCH MANAGER LEGAL CLAIMS SHRI RAM GENERAL INSURANCE CO. LTD., V.A. KALABURGI, HALLA MARK, DESAI CROSS, PINTO ROAD, HUBBALLI-590001. POLICY NO.10003-31-20-073698. VALID FROM 13.05.2019 TO 12.05.2020. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2) (SERVICE OF NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT, THE JUDGMENT AND AWARD DATED 23.01.2024 PASSED IN MVC NO.690/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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: 3 CONCILIATION ORDER Learned counsel for claimants and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and respondent No.2- Insurance Company has agreed to pay a global compensation of Rs.2,80,000/- (Rupees Two Lakh Eighty 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. 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 4. The apportionment with regard to release of the compensation amount of Rs.2,80,000/- shall be as per the order of the Tribunal. 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. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CKK/LNN ct-cmu