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High Court of Karnataka · body

2025 DAILYLAW 5883 (KAR)

SMT INDIRA K.S. W/O SOMASHEKHAR K.G. v. AKASH K.P. S/O PRASANNA KUMAR K.B.,

MFA/102661/2022 · 2025-03-08

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 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER M.F.A.No.102661/2022(MV-I) LOK ADALAT No. 68/2025. BETWEEN: SMT. INDIRA K.S. W/O SOMASHEKHAR K.G., AGE.54 YEARS, OCC.HOUSEHOLD WORK AND AGRICULTURE WORK, R/O.9TH CROSS, 1ST MAIN, TARALABALU EXTN, DAVANAGERE TOWN-577001, DIST.DAVANAGERE. ...APPELLANT (BY SHRI C.M. HOSAMANI, ADVOCATE) AND 1 . SRI AKASH K.P. S/O PRASANNA KUMAR K.B., AGE.39 YEARS, OCC.BUSINESS, R/O.KALURU VILLAGE, ATIGERE POST, NEAR ANJANEYA TEMPLE, DAVANAGERE-577514, DIST. DAVANAGERE, (OWNER OF THE BIKE REG.NO.KA-17/EY-3722) 2 . THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., 2 REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580023. (INSURER OF THE BIKE REG. NO. KA-17/EY-3722) 3 . THE BRANCH OFFICE NATIONAL INSURANCE CO. LTD., CHAMPA COMPLEX, OPP.POST OFFICE, OLD CHILLY MARKET, BYADGI-581106. …RESPONDENTS (BY SHRI RAJESH B. RAJNAL, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 28.01.2020 PASSED IN MVC NO.927/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADAGI, 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: CONCILIATION ORDER Learned counsel for 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 the respondent No.2- Insurance Company has agreed to pay a global compensation of Rs.1,20,000/- (One Lakh Twenty Thousand rupees only), in addition to what has been 3 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. Respondent No.2-Insurance Company has agreed to deposit the said amount before Tribunal within eight 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 claimant forthwith. 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 KMS,CT:VP