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2025 DAILYLAW 47761 (KAR)

RAJASHREE W/O RAJARAM SUBEDAR, v. GOUSEMODIN S/O MARDANSAB, MARAMBEED,

MFA/101209/2015 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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.101209/2015 (MV) LOK ADALAT NO.183/2025 BETWEEN: SMT. RAJASHREE W/O. RAJARAM SUBEDAR, AGE: 47 YEARS, OCC: TAILORING, R/O: 1ST CROSS GANDHI NAGAR, DHARWAD. ...APPELLANT (BY SRI C.S. NAGASHETTI, ADVOCATE) AND: 1. GOUSEMODIN S/O. MARDANSAB MARAMBEED, AGE: MAJOR, OCC: GOOD PIGAGIO DRIVER, R/O: DHARWAD. 2. SHASHIRA FOODS AND FARMS, NO.6, NAVALUR RAILWAY BRIDGE, P.B. ROAD, NAVALUR, TQ. AND DIST: DHARWAD. 2 3. THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., VIVEKANAND CORNER, DESAI CROSS, CLUB ROAD, HUBBALLI. 4. ANSAR SHAIKH FAKRUDDIN, AGE: MAJOR, OCC: V.R.L. BUS DRIVER, R/O: HUBBALLI. 5. THE MANAGING DIRECTOR, V.R.L. LOGISTICS LIMITED, GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD, HUBBALLI. 6. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., DHARWAD. …RESPONDENTS (BY SRI R.R. MANE, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03.07.2012, PASSED IN MVC NO.15/2008, ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD AND AWARD THE COMPENSATION AS PRAYED IN THE CLAIM PETITION, 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 representatives of respondents No.3 and 6 Insurance Companies along with their counsel are present. 2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Companies have agreed to pay a global compensation of Rs.50,000/- (Rupees fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim in the ratio of 25:75 i.e., 25% and 75% by the respondents No.3 and 6 respectively. 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 Companies have agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said amount 4 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/-