KEMPANNA S/O SHIVAPPA TOPANAIK v. SADASHIV S/O SATAPPA BAGI
MFA/100136/2023 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53250 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53250 (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 G BASAVARAJA AND
SMT. SITALAXMI PURLI, MEMBER
M.F.A.No.100136/2023(MVC) LOK ADALAT No.325/2025.
BETWEEN:
KEMPANNA S/O SHIVAPPA TOPANAIK, AGE: 48 YEARS, OCC: COOLIE, NOW NIL, NOW AT SUTAGATTI, BELAGAVI.
... APPELLANT (BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
1.
SADASHIV S/O SATAPPA BAGI, AGE: MAJOR, OCC: AGRICULTURE, AT POST: KARAGAON-591 228, DIST: BELAGAVI.
(OWNER OF TRACTOR BEARING NO.KA-15/T-3614)
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2.
SHRIRAM GENERAL INSURANCE COMPANY LIMITED, NO.5/4, 3RD FLOOR, SV ARCADE, BELEKANHALLI MAIN ROAD, II M.B. POST, BENGALURU-560 076.
(INSURER OF THE TRACTOR BEARING NO. KA-15/T-3614).
… RESPONDENTS (BY SRI. NAGARAJ C. KOLLORI, ADVOCATE FOR R2;
R1-DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE
JUDGMENT AND AWARD DATED 13.03.2020 PASSED IN MVC NO.1417/2018 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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CONCILIATION ORDER
Learned counsel for claimant and representative of respondent-Insurance Company along with its counsel are present.
2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.1,72,000/- (Rupees One Lakh Seventy Two 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. On deposit, the entire amount shall be released in favour of claimant on proper identification.
4. 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.
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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
RSH CT:BCK