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2025 DAILYLAW 52004 (KAR)

MOOD GANGADHAR NAYAK @ M.GANGADHAR NAIK v. NOORENDRAPPA @ ANDAPPA HUGAR

MFA/100823/2025 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 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 C.M. POONACHA AND SHRI V.P. VADAVI, MEMBER M.F.A. NO.100823/2025 (MV) LOK ADALAT NO.236/2025 BETWEEN: MOOD GANGADHAR NAYAK @ M. GANGADHAR NAIK, S/O. MOOD THIPPE NAYAK, AGED ABOUT 31 YEARS, OCC. LABOUR, R/O. 2-145, S.T. COLONY, LATTAVARAM TANDA, ANANTHAPUR DISTRICT-515812. ...APPELLANT (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE.) AND: 1. NOORENDRAPPA @ ANDAPPA HUGAR S/O. SHIVAPPA, AGED ABOUT 32 YEARS, DRIVER OF THE LORRY BEARING NO.KA-51/B-7107, R/O. DONI, MUNDARGI TALUK, GADAG DISTRICT-582118. 2 2. KAVITHA D. D/O. SRINIVASA DAGGUPATTI, AGED ABOUT 49 YEARS, OWNER OF THE LORRY BEARING NO.KA-51/B-7107, R/O. 294, HIMAGIRI MEDDOWS, B.G. ROAD, GOTTIGERE, BENGALURU-560083. 3. THE DIVISIONAL MANAGER, M/S. NEW INDIA ASSURANCE COMPANY LIMITED, BALLARI-583101. (POLICY NO.61070331180100004144) VALID FROM 22.02.2019 TO 21.02.2020. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 21.02.2024 PASSED IN MVC NO.223/2020 ON THE FILE OF THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.V AND I ADDL. SENIOR CIVIL JUDGE, BALLARI BY ENHANCING THE COMPENSATION TO RS.14,99,000/- TO THE APPELLANT AND ETC.,. THIS MISCELLANEOUS FIRST 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 global compensation of Rs.1,00,000/- (Rupees One Lakh 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. 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 MRK CT: UMD.