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2025 DAILYLAW 44337 (KAR)

SMT. DHRAKSHAYANI W/O DHARMANNA GUNADGI v. SRI. SHIVAPRAKASH S/O. MALLESHAPPAMAHANTHETTAR

MFA/101219/2021 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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.101219/2021 (MV) LOK ADALAT No. 18/2025. BETWEEN: 1 . SMT. DHRAKSHAYANI, W/O. DHARMANNA GUNADGI, AGE: 31 YEARS, OCC. HOUSEHOLD WORK, 2 . FAKKIRESH S/O. DHARMANNA GUNDADGI, AGE: 08 YEARS, OCC: STUDENT, 3 . PUNITA S/O. DHARMANNA GUNADGI, AGE: 06 YEARS, OCC. STUDENT, APPELLANT NOs. 2 AND 3 ARE MINORS THEIR NATURAL GUARDIAN THEIR MOTHER BY NAME SMT. DHRAKSHAYANI ALL ARE R/O: LAXMESHWAR, NOW RESIDING AT MULAGUND, TQ: GADAG, DIST: GADAG ...APPELLANTS (BY SRI. CHANDRASHEKHAR M, HOSAMANI, ADVOCATE) 2 AND: 1. SRI. SHIVAPRAKASH S/O. MALLESHAPPA MAHANTHSHETTAR, AGE: 42 YEARS, OCC: BUSINESS, R/O: PETE BANA BAZAR ROAD, LAXMESHWAR-582116, TQ: SHIRAHATTI, DIST: GADAG. 2. THE DIVISIONAL MANAGER, THE ORIENTAL GENERAL INSRUNACE CO.LTD., OLD. S.P. CIRCLE, NEAR OPPOSITE K.C.PARK, POST OFFICE, DHARWAD-580008. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R-2) SERVICE OF NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 25.01.2021 PASSED IN M.V.C.NO.164/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, GADAG, 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.8,40,000/- (Rupees Eight lakh forty 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. 4. The apportionment with regard to release and deposit of the compensation amount of Rs.8,40,000/- shall 4 be as per the order of the Tribunal. The parties are not entitled to any cost. 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