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2025 DAILYLAW 44673 (KAR)

KUMAR. PRUTHVIRAJ S/O MARUTI NAIK v. THE MANAGING DIRECTOR

MFA/104189/2019 · 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 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.104189/2019 [MV] (Lok Adalat No.166/2025) BETWEEN: KUMAR PRUTHVIRAJ S/O. MARUTI NAIK, AGE 3 YR., OCC: NIL, SINCE MINOR REPTD. BY MOTHER- SMT. KALPANA W/O. MARUTI NAIK, AGE: 21 YEARS, OCC: HOUSEHOLD WORK, R/O. NADIGUDAKETRA, TAL: HUKKERI-591107, DIST: BELAGAVI. ...APPELLANT (BY SMT. GEETHA K. M, ADVOCATE) AND 1. THE MANAGING DIRECTOR, 2 GHATAPRABHA SAHAKARI SAKKARE, KARAKHANE NIYAMIT, AT POST: GOKAK, TAL: GOKAK, DIST: BELAGAVI-591307. 2. NEW INDIA ASSURANCE CO. LTD, REPRESENTED BY THE DIVISIONAL MANAGER, BELAGAVI D/O.AT MUDALAGI BLDG, CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. PRASHANT F. GOUDAR, ADV. FOR R1; SRI. M. K. SOUDAGAR, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.09.2019 PASSED IN MVC NO.1984/2018 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AND 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: 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.50,000/- (Rupees fifty 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 on 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, failing which the said amount 4 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 /CT-AN