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2025 DAILYLAW 53736 (KAR)

SHRI NINGAPPA S/O RAMAPPA ASHIROTTI v. SHRI SUNIL S/O NINGAPPA PATIL

MFA/101804/2025 · 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.101804/2025(MV) LOK ADALAT No.327/2025. BETWEEN: SHRI NINGAPPA S/O RAMAPPA ASHIROTTI, AGE: 58 YEARS, OCC: AGRICULTURE AND COOLIE, NOW NIL, R/O: MASAGUPPI, TQ: MUDALAGI, DIST: BELAGAVI-593 107. ... APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SHRI SUNIL S/O NINGAPPA PATIL, AGE: MAJOR, OCC: AGRICULTURE AND BUSINESS, R/O: HOUSE NO.142/2, SAMBHAJI GALI, 2 JIJAMATH CHOUK, KANGRALI KH BELAGAVI, TQ: AND DIST: BELAGAVI-580 001. 2. THE BRANCH MANAGER, SRIRAM GENERAL INSURANCE COMPANY LTD., NO.302, 3RD FLOOR, S AND S CORNER BUILDING, PLOT NO.48, HOSPITAL ROAD, SHIVAJI NAGAR, BENGALURU-302 022. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 11.07.2024 PASSED IN MVC NO.2142/2021 ON THE FILE OF THE LEARNED PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, GOKAK, 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: 3 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.7,00,000/- (Rupees Seven Lakhs 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. Out of the compensation awarded, a sum of Rs.3,00,000/- is ordered to be kept in fixed deposit in any nationalized bank or scheduled bank of claimant’s choice for a period of three years and he would be entitled to withdraw periodical interest. Balance amount of Rs.4,00,000/- is ordered to be paid to the 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. 4 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