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2025 DAILYLAW 47491 (KAR)

SRI. SHIVAKUMAR S/O VEERABHADRAYAY RACHAPPANAVAR v. SRI.MOHAMMED ALI S/O ABDULLA P G,

MFA/100056/2020 · 2025-03-08

Lok Adalath

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.100056/2020 (MV) LOK ADALAT NO.186/2024 BETWEEN: SRI. SHIVAKUMAR S/O. VEERABHADRAYYA RACHAPPANAVAR, AGE: 23 YEARS, OCC: DRIVING WORK, R/O. HANUAMANAHALLI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. ...APPELLANT (BY SRI C.M. HOSAMANI, ADVOCATE) AND: 1. SRI. MOHAMMED ALI S/O. ABDULLA P.G., AGE. MAJOR, OCC. BUSINESS WORK, R/O. CAR STREET, THERU BEEDI, SHIKARIPURA-577427, TQ: SHIKARIPURA, DIST: SHIVAMOGGA. (OWNER OF THE PRIVATE BUS BEARING REG.NO.KA-17/A-6971) 2 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580 023. (INSURER OF THE PRIVATE BEARING REG. NO.KA-17/A-6971) POLICY NOTE NO.2404033116P116744086 VALID FROM 15-03-2017 TO 14-03-2018. …RESPONDENTS (BY SRI N.R KUPPELUR, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.2,21,320/- TO 11,70,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, DATED 02.12.2019 PASSED IN MVC NO.559/2018, 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.1,30,000/- 3 (Rupees one lakh thirty 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/-