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2025 DAILYLAW 45173 (KAR)

NAGARAJ @ RATNAJI S/O SAKAPPA PAWAR v. RUDRAGOUDA S/O IRANAGOUDA MUDIGOUDRA

MFA/100281/2020 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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.100281/2020 (MV) LOK ADALAT No.47/2025. BETWEEN 1 . NAGARAJ @ RATNAJI, S/O. SAKKAPPA PAWAR AGE: 46 YEARS, OCC: COOLIE WORK, R/O: NEAR NAGALINGASWAMY MATH, NAVALGUND, NOW R/O: UNKAL, HUBBALLI. 2. SACHIN S/O. NAGARAJ @ RATNAJI, S/O. SAKKAPPA PAWAR AGE: 12 YEARS, OCC: STUDENT, R/O: NEAR NAGALINGASWAMY MATH, NAVALGUND, NOW R/O: UNKAL, HUBBALLI. 3. KUMAR SUMEET S/O. NAGARAJ @ RATNAJI, S/O. SAKKAPPA PAWAR AGE: 10 YEARS, OCC: STUDENT R/O. NEAR NAGALINGASWAMY MATH, 2 NAVALGUND, NOW R/O: UNKAL, HUBBALLI (SINCE APPELLANT NO.2 AND 3 ARE MINORS R/BY APPELLANT NO.1) ...APPELLANTS (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) 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, 3 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. 6 . THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRINATH COMPLEX, NCM, HUBBALLI-580 020 ..RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT, MODIFY THE JUDGMENT AND AWARD DATED 26.11.2015 PASSED IN MVC NO.935/2013 ON THE FILE OF 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: 4 CONCILIATION ORDER Learned counsel for claimants and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.19,60,000/- (Rupees Nineteen Lakhs 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. Respondent-Insurance Company has agreed to deposit the said amount before Tribunal within eight 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. 4. The apportionment with regard to release and deposit of the compensation amount of Rs.19,60,000/- shall be as per the order of the Tribunal. 5 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Rsh ct-cmu