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2025 DAILYLAW 44602 (KAR)

KUMARI DIKASHA D/O BASAVARAJ ALIYAS BASAGONDA ARJUNAGI v. SRI SHIVARUDRA S/O RAYAGOUDA GHULAPPANAVAR

MFA/102745/2024 · 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 S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER M.F.A.No.102745/2024(MV-I) LOK ADALAT No. 53/2025. BETWEEN: KUMARI DIKASHA D/O BASAVARAJ @ BASAGONDA ARJUNAGI AGE. 9 YEARS, OCC. STUDENT, SINCE MINOR R/BY HIS NATURAL FATHER MINOR GUARDIAN SRI BASAVARAJ @ BASAGOND S/O SHRISHAIL ARJUNAGI R/O AT KONJANWADI, POST UMARANI, TQ. JATH, DIST. SANGLI, NOW RESIDING AT RAMTHEERTH NAGAR, BELAGAVI 590010. ...APPELLANT (BY MS. GEETHA K.M., ADVOCATE) AND 1 . SRI SHIVARUDRA S/O RAYAGOUDA GHULAPPANAVAR AGE. MAJOR, OCC. BUSINESS, R/O VIKRAMPUR EXTENSION, ATHANI, TQ. ATHANI, DIST. BELAGAVI 591304. 2 . THE DIVISIONAL MANAGER 2 NATIONAL INSURNACE CO. LTD., RAMDEV GALLI, BELAGAVI 590001. …RESPONDENTS (BY SHRI M.K. SOUDAGAR, ADVOCATE FOR R2) (NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 22.08.2023 PASSED IN MVC NO.767/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT-V BELAGAVI PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for claimant and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent No.2- Insurance Company has agreed to pay a global compensation of Rs.75,000/- (Seventy-five Thousand rupees 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 3. Respondent No.2-Insurance Company has agreed to deposit the said amount before Tribunal within eight weeks from the date of 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. 4. On deposit of the enhanced global compensation of Rs.75,000/-, a sum of Rs.50,000/- shall be kept in a Fixed Deposit in any Nationalised Bank for a period of five years in the name of the minor appellant till she attains the age of majority and the remaining balance of Rs.25,000/- shall be released in favour of the minor appellant through her guardian on proper identification. 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER KMS,CT:VP