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2025 DAILYLAW 47651 (KAR)

VEERABHADRAIAH SWAMY ALIAS VEERABASAIAH SWAMY v. THIMMAPPA H. S/O. SHEKAPPA

MFA/100159/2023 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.100159/2023 (MV) LOK ADALAT No.41/2025. BETWEEN VEERABHADRAIAH SWAMY @ VEERABASAIAH SWAMY S/O. SHARANAIAH SWAMY AGED ABOUT 46 YEARS, OCC. KEB CONTRACTOR, R/O. SIDDARAMPURA VILLAGE, SIRUGUPPA TALUKA, BALLARI DISTRICT-583102. ...APPELLANT (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND 1 . THIMMAPPA H. S/O. SHEKAPPA AGED ABOUT 62 YEARS, DRIVER AND OWNER OF 2 MOTOR CYCLE BEARING REG. NO.KA-36-K-8444 R/O.528, OLD HARIJANA STREET, SOMASAMUDRA VILLAGE, SIRUGUPPA TALUKA, BALLARI DISTRICT-583102. 2 . THE DIVISIONAL MANAGER M/S ORIENTAL INSURANCE CO. LTD., BALLARI, DIST. BALLARI-583102. ..RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING THAT, MODIFY THE JUDGMENT AND AWARD DATED 06.03.2020 PASSED IN MVC NO.315/2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO. 11 AND II ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, SITTING AT SIRUGUPPA, 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 claimant and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.83,000/- (Rupees Eighty Three 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 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. On deposit, the entire amount shall be released in favour of claimant forthwith. 4 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