1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI SANGRAM S.KULKARNI, MEMBER M.F.A. NO.104949/2024 (MV) LOK ADALAT NO.174/2025 BETWEEN: SHRI DHANESHWAR S/O. RAMAGOUDA PATIL, AGE. 27 YEARS, OCC. AGRICULTURE, NOW NIL, R/AT. ITNAL, TQ. RAIBAG, NOW RESIDING AT: AVARADI, TQ: GOKAK, DIST: BELAGAVI-593107. ...APPELLANT (BY SRI SANTOSH HATTIKATAGI, ADVOCATE) AND: 1. SHRI SHIVARAJ S/O. UPPASHEPPA KICHADI, AGE: MAJOR, OCC: BUSINESS, R/AT: WARD NO.11, 5TH CROSS, JYOTI COLONY, VIDYAGIRI, BAGALKOT-587102, TQ: AND DIST: BAGALKOT. 2 2. THE LAW OFFICER, THE HDFC ERGO GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, BRANCH OFFICE, 1ST FLOOR, VIRUPAKSHAKRUPA, OPP: KIMS, MAIN GATE, P.B. ROAD, VIDYA NAGAR, HUBBALLI-580021. …RESPONDENTS (BY SRI.SUBHASH J. BADDI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD IN SO FAR AS NEGLIGENCE ASPECT IS CONCERNED PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, GOKAK IN MVC NO.2224/2021 DATED 21.09.2023 BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the claimant and the representative of Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.1,60,000/- 3 (Rupees one lakh sixty 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. 4. The 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. 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 CT: UMD. RHR/-