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2025 DAILYLAW 50515 (KAR)

PALESHA S/O. BAYYANNA v. NAGENDRA S/O. BAYANNA

MFA/100605/2021 · 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 S G PANDIT AND SHRI GOPAL B. PATIL, MEMBER M.F.A.No.100605/2021(MV-I) LOK ADALAT No.356/2025 BETWEEN: PALESHA, S/O BAYYANNA, AGE. 27 YEARS, OCC. AGRICULTURIST- CUM-BELDAR WORK, R/O. GADDADA BORAYYANAHATTI VILLAGE, KUDLIGI TALUK, BALLARI DISTRICT. ...APPELLANT (BY SHRI T. BASAVANGOUDA, ADVOCATE) AND: 1 . NAGENDRA, S/O. BAYANNA, AGE. 29 YEARS, DRIVER CUM OWNER OF THE SPLENDOR PRO MOTOR BIKE BEARING REG. NO.KA.35/EA-9899, R/O. GADDADA BORAYYANAHATTI VILLAGE, KUDLIGI (TQ) BALLARI (DIST). 2 . THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, STATION ROAD, HOSAPETE, BALLARI DISTRICT. …RESPONDENTS (BY SHRI S.V. YAJI, ADVOCATE FOR R2) (NOTICE TO R1 IS SERVED) 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.03.2020 PASSED IN MVC NO.578/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE- CUM-MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, KUDLIGI, 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: CONCILIATION ORDER Learned counsel for claimant and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and respondent No.2-Insurance Company has agreed to pay a global compensation of Rs.2,00,000/- (Two Lakh rupees 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 No.2-Insurance Company has agreed to deposit the said amount before Tribunal within eight weeks from the date of preparation of Award, failing 3 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. 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 KMS,CT:VP