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2025 DAILYLAW 44468 (KAR)

KOUSHALYA W/O SDHAKAR MAMATAGERI v. NINGANNAGOUDA CHANNABASAGOUDA GOUDAR

MFA/100136/2020 · 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.100136/2020 (MV) LOK ADALAT No.79/2025. BETWEEN 1 . KOUSHALYA W/O. SUDHAKAR MAMATAGERI, AGE: 22 YEARS, OCC: HOUSEHOLD, 2. SHIVARADDI S/O. SUDHAKAR MAMATAGERI, AGE: 2.9 YEARS, OCC: NIL, SINCE MINOR M/G. PETITIONER NO.1. 3. GANGAVVA W/O. BASAVANTAPPA MAMMATAGERI, AGE: 59 YEARS, OCC: HOUSEHOLD, 4. BASAVANTAPPA DEAD, LR’S ARE ALREADY ON RECORD, ALL ARE R/O: ASUTI, TQ: RON, DIST: GADAG-582209. ...APPELLANTS (BY SRI. S.S. SAJJAN, ADVOCATE) 2 AND 1 . NINGANNAGOUDA CHANNABASAGOUDA GOUDAR, AGE: MAJOR, OCC: BUSINESS, R/O: KARWAD, TQ: NAVALGUND, DIST: DHARWAD-582208. 2 . THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E/8 EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTAN-302022 …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR RESPONDENT NO.2) (SERVICE OF NOTICE TO RESPONDENT NO.1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING THAT, THE JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC NO.136/2017 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, 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.13,25,000/- (Rupees Thirteen Lakh Twenty 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. 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. The apportionment with regard to release and deposit of the compensation in respect of appellants No.1 4 and 2 shall be as per the order of the Tribunal. At the request of learned counsel for appellants, since appellants No.3 and 4 are senior citizens, of which appellant No.4- Basavantappa is no more. Hence, amount fallen to the share of appellants No.3 and 4 shall be released in favour of appellant No.3-Gangavva (i.e., wife of Basavantappa Mamatageri) after due identification. 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. Sd/- JUDGE Sd/- MEMBER Ckk/LNN ct-cmu