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2025 DAILYLAW 44663 (KAR)

MANJUNATH S/O KALLAPPA MADHAR @ MADAR v. BHIMAPPA S/O HANUMANTHA METI

MFA/102544/2020 · 2025-03-27

Umesh M Adiga

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5677 MFA No. 102544 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 102544 OF 2020 (MV) BETWEEN: MANJUNATH S/O. KALLAPPA MADHAR @ MADAR, AGE 37 YEARS, OCC: COOLIE, R/O. AT: POST: CHINCHALKATTI, HAWALKOD, TAL: BADAMI, DIST: BAGALKOT, NOW RESIDING AT NAVALUR VILLAGE, DIST: DHARWAD, PIN-587201. … APPELLANT (BY SRI. HAREESHA S. NAYAK, ADVOCATE) AND: 1. BHIMAPPA S/O. HANUMANTHA METI, AGE 43 YEARS, OCC: OWNER CUM DRIVER AND TRANSPORT BUSINESS, R/O. TABAKADHONALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580009. 2. BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., CTS 472-474, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI, PIN-580009. … RESPONDENTS (BY SRI. SURESH S. GUNDI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAING TO ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND AWARD PASSED MVC NO.460/2017 DATED 29.07.2019, PASSED BY THE LEARNED IV ADDITIONAL DISTRICT SESSIONS JUDGE AND ADDL. MACT, DHARWAD, AND ENHANCE THE COMPENSATION AMOUNT AND ETC. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5677 MFA No. 102544 of 2020 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Learned counsel appearing for parties are present and file a joint memo stating that the matter is settled between the parties. 2. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a sum of Rs.10,00,000/- (Rupees ten lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The joint memo is taken on record. 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, 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. - 3 - NC: 2025:KHC-D:5677 MFA No. 102544 of 2020 5. The order of apportionment, deposit and release ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 6. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The judgment and award of the Tribunal shall stand modified accordingly. The Registry to draw up the award accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 36