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2025 DAILYLAW 53006 (KAR)

YOGESH NIMBARAGI S/O SHANKARAPPA NIMBARAGI v. KUBERA SWAMY S/O CHANDRAPPA

MFA/101388/2021 · 2025-04-26

Lok Adalath

body2025

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 G BASAVARAJA AND SMT. SITALAXMI PURLI, MEMBER M.F.A.No.101388/2021 LOK ADALAT NO.330/2025. BETWEEN: YOGESH NIMBARAGI S/O SHANKARAPPA NIMBARAGI, AGED ABOUT 26 YEARS, HINDU, OCC: MASON, R/O: PETHABANA, LAKSHMESHWARA, SHIRAHATTI TALUK, GADAG DISTRICT-582 101. ... APPELLANT (BY SRI. Y. LAKSHMIKANTH REDDY, ADVOCATE) AND: 1. KUBERA SWAMY S/O CHANDRAPPA, AGED ABOUT 41 YEARS, HINDU, OWNER CUM DRIVER OF AUTO TATA ACE HT KA-34, A8705, R/O: NO.125, WARD NO.15, DEVI NAGAR POST, SIRUGUPPA TALUK, BALLARI DISTRICT-583 101. 2 2. THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, EPIP, SITAPURA INDUSTRIAL AREA, JAIPUR, RAJASTHAN, PIN CODE-302 022, POLICY NO.10003/31/16/405946 POLICY PERIOD 13.11.2015 TO 12.11.2016. … RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADV. FOR RESP. NO.2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED: 18.06.2019 PASSED IN MVC NO.906/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-V, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for the appellant/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.2,40,000/- (Two lakh forty thousand rupees 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. Respondent No.2-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the 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. The parties are not entitled to any cost. 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 the Joint Memo. Award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. 6. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CKK CT:BCK