SRI SAGAR S/O BASAPPA DUNDI v. SARVAPRIYA DEWAN S/O SUBHASH CHANDER DEWAN
MFA/101288/2025 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52558 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52558 (KAR) · dailylaw.ai ]
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.101288/2025 (MV-I) LOK ADALAT No.344/2025
BETWEEN:
SRI SAGAR, S/O BASAPPA DUNDI, AGE. 38 YEARS, OCC. SCRAP MERCHANT, (NOW UNABLE TO CARRY ON THE BUSINESS) R/O SHIVASHANKAR COLONY, SIDDAROODHMATH CROSS, OLD HUBBALLI, HUBBALLI. ...APPELLANT
(BY SHRI ANJANEYA M., ADVOCATE)
AND:
1 . SARVAPRIYA DEWAN, S/O SUBHASH CHANDER DEWAN, AGE. MAJOR, OCC. BUSINESS, R/O 1602, A-BLOCK, GOWRI APARTMENT, NEW BEL ROAD, RMV IIND STAGE, BENGALURU 560054.
2 . THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, LOCAL OFFICE, ARIHANT COMPLEX, KUSUGAL ROAD, HUBBALLI-580029, DIST. DHARWAD. …RESPONDENTS
(BY SHRI RAJESH B. RAJANAL, ADVOCATE FOR R2)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.11.2024 PASSED IN MVC NO.297/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HUBBALLI, 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.5,000/- (Five Thousand 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 the 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