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2025 DAILYLAW 47597 (KAR)

SAVITA W/O. RAJU BANJIRAM, v. SHRI PRAKASH S/O. BASAPPA BARAAGALI

MFA/102649/2024 · 2025-03-08

Lok Adalath

body2025

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.102649/2024 (MV) LOK ADALAT NO. 260/2025 BETWEEN: SAVITA W/O. RAJU BANJIRAM, AGE. 35 YEARS, OCC. COOLIE AND MILK VENDING, NOW NIL, R/O. #1733, LAXMI NAGAR, GARANI, YAMAKANMARDI, TAL. HUKKERI, DIST. BELAGAVI-591246. ...APPELLANT (BY SRI VIJAYKUMAR K.KOTIN, ADVOCATE) AND: 1. SHRI PRAKASH S/O. BASAPPA BARAAGALI, AGE. 41 YEARS, OCC. BUSINESS, R/O. #1471, ZIDDI ONI, YAMAKANMARDI, TQ. HUKKERI, DIST. BELAGAVI-591246. (OWNER OF HERO M PASSION 2 PRO BS-III BEARING REG. NO.KA-23/EH-2958). 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS GENERAL MANAGER, MADIWALE ARCADE, 1ST FLOOR, HASMI MANZIL, CLUB ROAD, BELAGAVI-590001. (INSURER OF THE HERO M PASSION PRO BS-III BEARING NO.OG-23/1701-1802-00110152 PERIOD OF INSURANCE 14-06-2022 TO 13-06-2023) …RESPONDENTS (BY SRI SURESH GUNDI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 28.02.2024 PASSED IN MVC NO.1688/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS APPEAL WITH COSTS, 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: 3 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.1,40,000/- (Rupees one lakh forty 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. 4 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/-