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2025 DAILYLAW 53363 (KAR)

KUMARI JOYA S/O JAVED SANADI v. SHRI. SANTOSH RAJARAM NAVALE

MFA/104132/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 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 C.M. POONACHA AND SHRI V.P. VADAVI, MEMBER M.F.A. NO.104132/2024 (MV) LOK ADALAT NO. 229/2025 BETWEEN: KUMARI JOYA S/O. JAVED SANADI, AGE. 11 YEARS, OCC. STUDENT, R/O. PENDARE GALLI, SHIRDHON, TALUK. SHIROL, DIST. KOLHAPUR, MAHARASHTRA, NOW RESIDING AT. CTS NO.1473, DEEPAK GALLI, GANDHI NAGAR, BELAGAVI-590016. (SINCE APPELLANT IS MINOR REPRESENTED BY NATURAL GUARDIAN GRANDMOTHER SMT. RAMIZA W/O. MUBARAK SANADI) ...APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. SHRI. SANTOSH RAJARAM NAVALE, AGE. 41 YEARS, OCC. BUSINESS, R/O. 788 RAVIWAR PETH, 2 SHRI. GOPAL COMPLEX, FLAT NO.2, FIRST FLOOR OPP. MANIKLAL INN, NEAR SHITALADEVI MANDAL AND AGARWAL DIARY, NEAR SHITALADEVI MANDAL AND AGARWAL DIARY NEAR RCM, GUJARATHI HIGH SCHOOL PUNE, MAHARASHTRA STATE-411002. 2 . THE DIVISIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MUDALAGI BUILDING, CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 31.05.2024 PASSED IN MVC NO.2885/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS APPEAL WITH COSTS AND ETC.,. THIS MISCELLANEOUS FIRST 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 global compensation of Rs.50,000/- (Rupees Fifty 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. 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 CT: UMD. PMP