ABDULKADAR S/O MALBULSAB JAMADAR v. MR. PRAKASH S/O BHAURAO SALUNKE
MFA/104739/2024 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44352 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44352 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF MARCH, 2025
CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE UMESH M ADIGA AND SHRI MAQBOOLAHAMED M. PATIL, MEMBER
M.F.A.No.104739/2024 [MV-I] (Lok Adalat No.127/2025)
BETWEEN:
ABDULKADAR S/O. MALBULSAB JAMADAR, AGE 49 YEARS, OCC. COOLIE, R/O. MARIHAL TALUK, DIST. BELAGAVI 591103.
...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE)
AND
1. MR. PRAKASH S/O. BHAURAO SALUNKE, AGE 68 YEARS, OCC. BUSINESS, R/O. H.NO.151, KAILAS NAGAR, SULEBHAVI TALUK AND
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DIST. BELAGAVI-591103.
2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI TALUK AND DISTRICT BELAGAVI-590001.
3. MR. BANGARAPPA S/O. BASAPPA HETTIMANI, AGE 29 YEARS, OCC. COOLIE, R/O. JANATA PLOT, MARIHAL, TALUK AND DISTRICT BELAGAVI-591103.
…RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 & R3 DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 05.02.2024 PASSED IN MVC NO.1081/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
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CONCILIATION ORDER The learned counsel for the appellant-claimant and the representative of Respondent-Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.1,55,000/- (Rupees one lakh fifty five 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. The said amount shall be released in favour of the claimant due identification.
4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of
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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. The Miscellaneous First Appeal stands
disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE
Sd/- MEMBER KGK /CT-AN