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2025 DAILYLAW 50577 (KAR)

SHANKAR S/O MALLANAIK v. MANJUNATH S/O NARAYAN NAIK

MFA/105003/2023 · 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 V.SRISHANANDA AND SHRI RAKESH M BILKI, MEMBER MISCELLANEOUS FIRST APPEAL NO.105003/2023 (MV-I) LOK ADALAT NO.294/2025 BETWEEN SHANKAR S/O. MALLANAIK, AGED ABOUT 39 YEARS, OCC: COOLIE, R/O. K. B. ROAD, CHOUTHANI, BHATKAL TALUK-581320. ...APPELLANT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) AND 1. MANJUNATH S/O. NARAYAN NAIK, AGED ABOUT 39 YEARS, R/O. 27 GANTIYARMANE, HADLI POST, BHATKAL TALUK-581320. 2 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, BUNDER ROAD, BHATKAL TALUK, UTTAR KANNDA DISTRICT- 581320. …RESPONDENTS (BY SRI. S. V. YAJI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 11.06.2021 PASSED IN MVC NO. 190/2019 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT BHATKAL, 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: 3 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.12,000/- (Rupees Twelve 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. 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. 4 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 KAV CT: AN