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2025 DAILYLAW 50360 (KAR)

SRI MAILARI S/O MALLAPPA YANDIGERI v. SRI DURGAPPA S/O TIPPAVVA MADAR

MFA/105496/2024 · 2025-04-26

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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G BASAVARAJA AND SMT. SITALAXMI PURLI, MEMBER M.F.A.No.105496/2024 LOK ADALAT No.326/2025. BETWEEN: SRI. MAILARI S/O MALLAPPA YANDIGERI, AGE: 26 YEARS, OCC: DRIVER NOW NIL, R/O: OBALAPUR, TQ: RAMDURG, DIST: BELAGAVI. ... APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: 1. SRI. DURGAPPA S/O TIPPAVVA MADAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: JALIKATTI K D, 2 LOKAPUR, TQ: MUDHOL, DIST: BAGALKOT-587 122, (OWNER OF THE LORRY BEARING NO.KA-48/4532). 2. SHRIRAM GENERAL INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE AT CST NO.477/1M-1, 1ST FLOOR, V A KALBURGI HALLMARK, DESAI CROSS, PINTO ROAD, HUBBALLI-580 020. (INSURER OF LORRY BEARING NO. KA-48/4532) U/POLICY NO.10003/31/20/491108 VALID FROM 10.02.2020 TO 09.02.2021. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED: 31.08.2024 PASSED IN ECA NO.2/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, AT RAMDURG, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED 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.2,90,000/- (Rupees Two Lakhs Ninety 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. On deposit, the entire amount shall be released in favour of claimant on proper identification. 4. 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 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:BCK