VITTAL S/O JNANOBA TODAKAR v. RUDRAGOUDA S/O IRANAGOUDA MUDIGOUDRA
MFA/100282/2020 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44700 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44700 (KAR) · dailylaw.ai ]
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.100282/2020 (MV) LOK ADALAT No.16/2025. BETWEEN
1 . VITTAL S/O. JNANOBA TODAKAR, AGE:64 YEARS, OCC: SERVICE, R/O. NAVALGUND, NOW AT I. B. QUARTERS, HUBBALLI. 2. KUMAR VISHNU S/O. VITTAL TODAKAR, AGE:33 YEARS, OCC: NIL, R/O. NAVALGUND, NOW AT I.B. QUARTERS, HUBBALLI. 3. KUMAR MAHESH S/O. VITTAL TODAKAR AGE:30 YEARS OCC: NIL, R/O. NAVALGUND, NOW AT I.B. QUARTERS, HUBBALLI. ...APPELLANTS
(BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
2 AND
1 . RUDRAGOUDA S/O. IRANAGOUDA MUDIGOUDAR, AGE:MAJOR, OCC: OWNER OF THE OFFENDING VEHICLE, R/O. AMARGOL, TQ: NAVALGUND-582208. 2 . SHRIRAM GENERAL INSURANCE CO. LTD., E/8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR-302022, RAJASTHAN. 3 . SMT. BHEEMAVVA, W/O. DYAMAPPA @ DYAMANNA SHIDNEKOPPA, AGE:29 YEARS, OCC: HOUSEHOLD WORK, R/O: SHANWAD, TALWAR ONI, TQ: NAVALGUND, NOW RESIDING AT C/O. S.Y. GOVINDAN. RETIRED J.E., BANASHANKRI EXTN, VIDYANAGAR, HUBBALLI-580 021. 4 . SRI. FAKIRAPPA S/O. SIDDAPPA SHIDENKOPPA, AGE:68 YEARS, OCC: NIL, R/O: SHANWAD, TALWAR ONI, TQ: NAVALGUND, NOW RESIDING AT C/O. S.Y. GOVINDAN, RETIRED J.E., BANASHANKRI EXTN, VIDYANAGAR, HUBBALLI-580 021. 5 . SMT. KASTURI W/O. FAKIRAPPA SHIDNEKOPPA AGE:58 YEARS, OCC: HOUSE HOLD WORK, R/O: MRBCC QUARTERS, NAVALGUND, NOW RESIDING AT C/O. S.Y. GOVINDAN, RETIRED J.E., BANASHANKRI EXTEN, VIDYANAGAR, HUBBALLI-580 021. 3 6 . THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRINATH COMPLEX, NCM, HUBBALLI-580 020. …RESPONDENTS
(BY SRI N. C. KOLLOORI, ADVOCATE FOR R-2) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 26.11.2015 PASSED IN MVC NO.936/2013 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, 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:
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 the 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
4 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 amount of Rs.13,25,000/- shall be as per the order of the Tribunal. 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE
Sd/- MEMBER Ckk ct-cmu