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2025 DAILYLAW 52594 (KAR)

SMT. SUNITA W/O KEDARI CHOUGULE v. SRI SHANKAR S/O SHEKHAPPA DUGANI

MFA/101469/2023 · 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.101469/2023 (MV) LOK ADALAT NO. 231/2025 BETWEEN: SMT. SUNITA W/O. KEDARI CHOUGULE, AGE. 32 YEARS, OCC. TAILORING AND HOUSEHOLD WORK NOW NIL, R/O. # 638, RENUKA GALLI, MANNUR, TQ. AND DIST. BELAGAVI. ...APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. SRI SHANKAR S/O. SHEKHAPPA DUGANI, AGE. MAJOR, OCC. BUSINESS, A/P. CHANNAPUR, TQ. RAMDURG BELAGAVI DISTRICT. (OWNER OF TATA LPT 3118 TRUCK BEARING NO.KA.22/D-0810) 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., HAVING ITS DIV. OFFICE AT 3993/B2, 2 MOODALAGI BLDG., 2ND FLOOR, CLUB ROAD, BELAGAVI. (INSURER OF TATA LPT 3118 TRUCK BEARING NO. KA.22/D-0810) …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT 1988, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 06.02.2023 PASSED IN MVC NO.1432/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY 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: 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.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint 3 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. 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 CT: UMD. PMP