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2025 DAILYLAW 52644 (KAR)

MALLIKARJUN S/O GURUSIDDAPPA BIRADAR v. MANJUNATH S. S/O SIDDAPPA DESAI

MFA/103143/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

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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.103143 OF 2024 (MV) LOK ADALAT NO. 282/2025 BETWEEN: MALLIKARJUN S/O GURUSIDDAPPA BIRADAR AGE: 44 YEARS, OCC: PRIVATE SERVCE R/O KESHAW LAYOUT, BANALORE NORTH, PEENYA SMALL INDUSTRIES, BANGALORE ...APPELLANT (BY SRI. C.S.NAGASHETTI, ADVOCATE) AND: 1. MANJUNATH S. S/O. SIDDAPPA DESAI AGE: 39 YEARS, OCC: DRIVER AND OWNER OF THE VEHICLE R/O UTTARNAHALLI, SUBRAMANYAPUR, 2 MAIN ROAD, BANGALORE-5600061. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., MELLIGERI COMPLEX, KALADAGI ROAD, BAGALKOT-587101. …RESPONDENTS (BY SRI. SHARAD V. MUGADUM, ADVOCATE; THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 13.10.2023, PASSED IN MVC NO.175/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, BAGALKOT, BY ALLOWING THIS APPEAL, ETC.,. 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 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.70,000/- (Rupees Seventy 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. 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 AC CT:GSM