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2025 DAILYLAW 47596 (KAR)

K. ABHILASH ALIYAS AVINASH ALYAS ABHIRAM ALILYAS ABHI S/O K JAGADEESHA v. CHANDRASHEKAR V GANDALA ALIYAS CHANDRASHEKHAR S/O VEERABHADRAPPA

MFA/103831/2023 · 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.103831/2023 (MV) LOK ADALAT No.88/2025. BETWEEN: K. ABHILASH @ AVINASH @ ABHIRAM @ ABHI S/O. K. JAGADEESHA, AGED ABOUT 28 YEARS, OCC. LABOURER, R/O: 26/02, WARD NO. 10, SUNKALAMMA, MARISWAMY MUTT, RANIHOTA, BALLARI 583101. ...APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND 1 . CHANDRASHEKAR V. GANADALA @ CHANDRASHEKHAR S/O. VEERABHADRAPPA, AGED ABOUT 47 YEARS, BADGE NO. 4589 DRIVER OF THE KSRTC BUS BEARING NO. KA 57/F-1029 2 R/O: KRISHNAPURADAGGI BASAVANDURGA, GANGAVATHI, KOPPAL WORKING AT KSRTC, BENGALURU CENTRAL DIVISION, DEPOT-2, BENGALURU 560001. 2 . THE MANAGING DIRECTOR, SHANTHI NAGAR, KH ROAD, BENGALURU 560027 OWNER OF THE KSRTC BUS BEARING NO.KA-57/F-1029. 3 . THE DIVISIONAL MANAGER, M/S ORIENTAL INSURANCE COMPANY LIMITED, BALLARI 583101. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING THAT, MODIFY THE JUDGMENT AND AWARD DATED 04.03.2023 PASSED IN MVC NO.399/2022 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-V AND I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, 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: 3 CONCILIATION ORDER Learned counsel for the claimant and representative of respondent No.3-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and respondent No.3- Insurance Company has agreed to pay a global compensation of Rs.2,25,000/- (Rupees two lakh twenty five 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 No.3-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. On deposit, the entire amount shall be released in favour of the claimant forthwith. 4 5. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. Award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Ckk/LNN ct-cmu