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2025 DAILYLAW 50404 (KAR)

BASAVARAJ S/O HANUMANTHAPPA JAMBHAVANARA v. PATHREPPA K S/O KOTRAPPA

MFA/101639/2022 · 2025-04-26

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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE V.SRISHANANDA AND SHRI RAKESH M BILKI, MEMBER MISCELLANEOUS FIRST APPEAL NO.101639/2022 (MV) LOK ADALAT NO. 286/2025 BETWEEN: BASAVARAJ S/O. HANUMANTHAPPA JAMBHAVANARA, AGE: 39 YEARS, OCC. COOLIE, R/O. SONNA, TQ. HAGARIBOMMANAHALLI, DIST. BALLARI, NOW AT DEVARAGUDDA, TQ. RANEBENNUR, DIST. HAVERI. ...APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: 1 . PATHREPPA K. S/O. KOTRAPPA, AGE: 45 YEARS, OCC. BUSINESS, 2ND WARD, KOTEYA BHAGA, ALABURU, TQ. HAGARIBOMMANAHALLI, DIST. BALLARI-583231. 2 . THE DIVISIONAL MANAGER UNITE INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023, (POLICY NOTE NO.09060531180160010953) VALID FROM 08-04-2016 TO 07-04-2017. 2 3 . KOTAPPA S/O. HANUMANTHAPPA, AGE: 38 YEARS, OCC. BUSINESS, WARD NO. 4, SONNA, TQ. HAGARIBOMMANAHALLI, DIST. BALLARI-583231, (OWNER OF THE VEHICLE BEARING NO. KA-35/EC-7210) …RESPONDENTS (BY SRI. S.S. JOSHI,ADVOCATE, FOR R-2) THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO.1060/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 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 sum of Rs.45,000/- (Rupees Forty 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 3. The said amount shall be released in favour of the claimant under due identification. 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. 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 Naa CT:PA