SMT MALINI W/O MADEV NAIK v. SRI MADEV S/O JATTA NAIK
MFA/103135/2023 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52618 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52618 (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 V.SRISHANANDA AND SHRI RAKESH M BILKI, MEMBER
MISCELLANEOUS FIRST APPEAL NO.103135/2023 LOK ADALAT NO.293/2025
BETWEEN
SMT. MALINI W/O. MADEV NAIK, AGE 46 YEARS, OCC: AGRICULTURIST AND COOLIE, R/O. SODIGADDE, BELKE POST, TQ. BHATKAL, DIST. UTTARA KANNADA. ...APPELLANT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE)
AND
1. SRI. MADEV S/O. JATTA NAIK, MAJOR, R/O. SODIGADDE CROSS, HADEEN, BELKE POST, BHATKAL TALUK, DIST. UTTARA KANNADA.
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2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., THE DIVISIONAL OFFICE, RAILWAY STATION ROAD, KARWAR, UTTARA KANNADA-581320. …RESPONDENTS (BY SRI. S. V. YAJI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.10.2019 PASSED IN MVC NO.657/2018 ON THE FILE OF THE MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT BHATKAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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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 sum of Rs.85,000/- (Rupees Eighty Five 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 under due identification.
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.
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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
KAV CT: AN