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2025 DAILYLAW 52230 (KAR)

VADAKAPPA S/O SANNA GIRIYAPA v. M.ISMAIL S/O M.SHASHU SAB ALIAS GANI SAB

MFA/100467/2022 · 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 E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER MISCELLANEOUS FIRST APPEAL NO.100467 OF 2022 (MVC) LOK ADALAT NO. 203/2025 BETWEEN VADAKAPPA S/O. SANNA GIRIYAPA, AGED ABOUT 40 YEARS, OCC: HOME GUARD, R/O. J.B. HALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT, PRESENTLY RESIDING AT, DEVI NAGAR, 4TH CROSS, BALLARI-583104. ...APPELLANT (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND 1. M. ISMAIL S/O. M. SHASHU SAB @ GANI SAB, AGED ABOUT 34 YEARS, DRIVER OF THE TATA ACE BEARING REG.NO.KA-17/A-5983, KULMI ROAD, GANDHI NAGAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. 2. RAMAMURTHY S/O. HANUMANTHAPPA, AGED ABOUT 39 YEARS, 2 OWNER OF THE TATA ACE BEARING REG.NO.KA-17/A-5983, R/O. YALLAMMA TEMPLE, KOTTAPANNAPAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. 3. THE DIVISIONAL MANAGER, M/S. ORIENTAL INSURANCE CO.LTD. BUDA COMPLEX, BALLARI, DIST: BALLARI-583104. …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R3; R1 & R2 SERVED) THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ENHANCE COMPENSATION AS CLAIMED/MODIFYING JUDGMENT AND AWARD THE DATED 17.01.2020 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI, IN MVC NO.699/2018, IN THE INTEREST OF JUSTICE AND EQUITY. 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 appellant and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a sum of Rs.1,15,000/- (Rupees One Lakh Fifteen 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 on proper identification. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing 4 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 SH Ct:MCK