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2025 DAILYLAW 44583 (KAR)

SMT JYOTHIBAYI ALIAS JYOTHIBAI P. v. SRI AJAY KUMAR M. J. S/O. JAYANNA,

MFA/100660/2023 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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.100660/2023 [MV] (Lok Adalat No.155/2025) BETWEEN: SMT. JYOTHIBAI @ JYOTHIBAI P. W/O. NINGANAIK @ NINGANAYAKA, AGE 35 YEARS, OCC: COOLIE & TAILORING, R/O: GANGAGONDANAHALLI VILLAGE, TQ: CHANNAGIRI, DIST: DAVANAGERE – 577213. … APPELLANT (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SHRI AJAY KUMAR M.J. S/O. JAYANNA, AGE 50 YEARS, OCC: BUSINESS, R/O: SIDDALINGESHWARA COLONY, BUKKAMBUDHI, TQ: TARIKERE, DIST: CHIKKAMAGALURU-577145 (OWNER OF VEHICLE PRIVATE BUS BEARING REG. NO.KA-40/6406). 2 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., A.M. ARCADE, NEAR VIDYARTHI BHAVAN, C.G. HOSPITAL ROAD, DAVANAGERE, (INSURER OF THE VEHICLE PRIVATE BUS BEARING REG. NO.KA-40/6406) 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., BALAJI COMMERCIAL COMPLEX, ASHOK NAGAR, RANEBENNUR-581115. … RESPONDENTS (BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R2 & R3 NOTICE TO R1 DISPENSED WITH) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2018 PASSED IN MVC NO.702/2017 ON THE FILE OF THE III-ADDL. SENIOR CIVIL JUDGE NAD ADDL. MACT, RANEBENNUR, 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: 3 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 preparation of Award, 4 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 VNP / KGK