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2025 DAILYLAW 45167 (KAR)

THE MANAGER v. HITTALMANE RUNDAMMA D/O THIMMAPPA ALIAS

MFA/100345/2025 · 2025-03-08

Lok Adalath

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Judgment text

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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.100345/2025 (MV) LOK ADALAT NO.176/2025 BETWEEN: THE MANAGER, MICRO OFFICER, UNITED INDIA GIC LTD., SUDAMBI CHALA, ASHOK CIRCLE, RANEBENNUR-581115, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. ...APPELLANT (BY SRI. SUBHASH J. BADDI, ADV.) AND: 1. HITTALMANE RUNDAMMA D/O. THIMMAPPA @ HITTALMANI RUNDAMMA W/O. HANUMANTAPPA @ H.M. HANUMANTAPPA, AGE. 63 YEARS, OCC. HOUSEHOLD WORK, 2. HITTALMANE RAJESH S/O. H.M. HANUMANTAPPA @ HANUMANTAPPA AGE. 44 YEARS, OCC. AGRICULTURE WORK, 2 3. VENKATESH H.R. S/O. RAJAPPA @ RAJESH, AGE. 19 YEARS, 4. H.R. CHETAN S/O. RAJAPPA H.M. @ RAJESH REPTD. BY MINOR GUARDIAN HIS FATHER RAJAPPA @ RAJESH S/O. H.M. HANUMANTAPPA, AGE. 17 YEARS, OCC. STUDENT, 5. HITTALMANE HALESH S/O. H.M. HANUMANTAPPA @ HANUMANTAPPA, AGE. 46 YEARS, OCC. AGRICULTURE WORK, 6. HITTALMANE SARASWATHI D/O. RAMAPPA @ SARASWATHI H.M. W/O. HALEHAPPA, AGE. 46 YEARS, OCC. HOUSEHOLD WORK, 7. H.M. GIRESH S/O. H.M. HANUMANTAPPA @ HANUMANTAPPA, AGE. 42 YEARS, OCC. AGRICULTURE WORK, ALL ARE R/AT. NARASAGONDANAHALLI, HONNALI TALUK, DAVANAGERE DISTRICT-577217. 8. MR. SURENDRA Y.S. S/O. SHRINIVAS Y.M. AGE. MAJOR, #28, NARASAGONDANAHALLI ARAKERE POST, HONNALI TALUK, DAVANAGERE DISTRICT-577217. …RESPONDENTS (BY SRI SUBHASH J.BADDI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING AIDE THE JUDGMENT AND AWARD DATED 14.10.2024 PASSED IN MVC NO.90/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. 3 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 claimants and the representative of Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The claimants have agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.21,50,000/- (Rupees Twenty One Lakh Fifty Thousand Only) with interest at 6% p.a. from the date of petition till its deposit instead of Rs.26,22,000/- with interest at 7% p.a. from the date of petition till its realization 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 apportionment, deposit and disbursement shall be made as per award of the Tribunal. The deposit amount together with accrued interest shall be paid upon maturity directly to the claimants without any orders from the Court. 4 4. The Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks months 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. 6. The amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal forthwith for disbursement. Sd/- JUDGE Sd/- MEMBER CT: UMD. RHR