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2025 DAILYLAW 50670 (KAR)

SMT.ROOPA BAI W/O. VENKATESH NAIK, v. K PALANIAPPAN S/O. KALIANNAN,

MFA/103822/2019 · 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.103822/2019 (MV) LOK ADALAT No.351/2025 BETWEEN: 1 . SMT.ROOPA BAI, W/O. VENKATESH NAIK, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, 2 . K.V. KAVYA BAI, D/O. VENKATESH NAIK, AGE: 19 YEARS, OCC: STUDENT, BOTH ARE R/O: KOMARANAHALLI TANDA, TQ: HARIHAR, DIST: DAVANGERE, NOW AT CHALAGERI, TQ: RANEBENNUR, DIST: HAVERI-581145. ...APPELLANTS (BY SHRI GIRISH S. HULMANI, ADVOCATE) AND: 1 . K PALANIAPPAN, S/O. KALIANNAN, AGE: 46 YEARS, OCC: BUSINESS, R/O: # 1/63, A PACHAPALYAM, IRUKUR, POST: PARAMATHIVELUR, NAMAKKAL, DIST: NAMAKKAL, STATE: TAMILNADU-637204. 2 . THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., 2ND FLOOR, ARIHANT PLAZA, 2 KUSUGAL ROAD, HUBBALLI-580020, DIST: DHARWAD. …RESPONDENTS (BY SHRI S.V. YAJI, ADVOCATE FOR R2) (NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.07.2019 PASSED IN MVC NO.694/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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 claimants and representative of respondent No.2-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and respondent No.2-Insurance Company has agreed to pay a global compensation of Rs.5,00,000/- (Five 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 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 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. The apportionment of the compensation amount shall be as per the order of the Tribunal, and the entire amount falling to the share of the claimants shall be released in their favour 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