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2025 DAILYLAW 47096 (KAR)

RAMESH S/O JYOTIBA JADHAV v. RUDRAGOUDA S/O IRANAGOUDA MUDIGOUDRA

MFA/100283/2020 · 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.100283/2020 (MV) LOK ADALAT No.13/2025. BETWEEN RAMESH S/O. JYOTIBA JADHAV, AGE:34 YEARS, OCC: COOLIE WORK, R/O: MACHAKANUR TQ: MUDHOL, NOW R/AT: HUBBALLI. ...APPELLANT (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. 2 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. 6. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRINATH COMPLEX, NCB, HUBBALLI-580 020. …RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR RESP.NO.2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT THE JUDGMENT AND AWARD DATED 26.11.2015 PASSED IN MVC NO.937/2013 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. 3 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 the claimant and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and respondent No.2- Insurance Company has agreed to pay a global compensation of Rs.17,00,000/- (Rupees Seventeen Lakh 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 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 4. With regard to release and deposit of the compensation amount of Rs.17,00,000/- 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. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER Ckk ct-cmu