HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 12TH DAY OF JULY, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE RAJESH RAI K AND SHRI M.C.HUKKERI, MEMBER M.F.A.No.103196/2023 (MV) LOK ADALAT No.447/2025 BETWEEN: 1 . SMT. NAGAMMA W/O. LATE YAMANAPPA SIRWAR, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, 2 . SRI. GOUDAPPA S/O. LATE YAMANAPPA SIRWAR, AGE: 22 YEARS, OCC: STUDENT, 3 . KANAKARAYA S/O. LATE YAMANAPPA SIRWAR, AGE: 20 YEARS, OCC: NIL, 4 . MADHUKUMAR S/O. LATE YAMANAPPA SIRWAR, AGE: 19 YEARS, OCC: NIL 5 . HANUMANTHI D/O. LATE YAMANAPPA SIRWAR, AGE: 18 YEARS, OCC: STUDENT, 2 ABOVE ALL ARE R/O. GANGANAL VILLAGE, TQ. KUSHTAGI, NOW AT SINGAL VILLAGE, TQ. KARATAGI (GANGAVATHI), DIST. KOPPAL- 583229. ...APPELLANTS (BY SHRI. NAGARAJ J. APPANNANAVAR, ADVOCATE) AND: 1 . SRI. HANUMAPPA S/O. YAMANAPPA GANGANAL, AGE: 29 YEARS, OCC: DRIVER OF ASHOK LAYLAND TIPPER LORRY BEARING ITS REG. NO. KA37/A9292, R/O: GANGANAL, TQ: KUSHTAGI, DIST: KOPPAL- 583277. 2 . SRI. RAMESH S/O. ANJANEPPA, AGE: 32 YEARS, OCC: OWNER OF ASHOK LAYLAND TIPPER LORRY BEARING ITS REG. NO. KA37/A9292, R/O. PURA VILLAGE, POST: GANGANAL, TQ: KUSHTAGI, DIST: KOPPAL- 583279. 3 . THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE AT S/4, 3RD FLOOR, S.V. ARCHADE, BILAHEHALLI MAIN ROAD, II M.POST, BENGALURU-76. …RESPONDENTS (BY SHRI. SUBHASH BADDI, ADV. FOR R3; R1 – R2 NOTICE SERVED) 3 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD BY ENHANCING AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI IN MVC NO.530/2020 DATED 09.01.2023 AND SET ASIDE THE FINDING AS AGAINST THE DECEASED INSOFAR AS NEGLIGENCE ON THE PART OF THE DECEASED TO THE EXTENT OF 20 PERCENT IS CONCERNED AND FIX THE ENTIRE LIABILITY ON THE INSURANCE COMPANY AND ALLOW THE APPEAL. 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 claimants and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.2,00,000/- (Two Lakh rupees only), in addition to what has been awarded by the Tribunal, in full 4 and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Respondent-Insurance Company has agreed to deposit the said amount before 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. On deposit, the entire amount shall be released in favour of claimants forthwith. The apportionment shall be as per the order of the Tribunal. 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 YAN CT:ANB