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2025 DAILYLAW 59001 (KAR)

USAMNSAB S/O. RAJESAB BAGAWAN v. MAHANTESH S/O. SHEKARAYYA HIREMATH

MFA/101674/2022 · 2025-12-13

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13T H DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI LAXMAN T. MANTAGANI M.F.A.No.101674/2022(ECA) LOK ADALAT No.793/2025. BETWEEN: USMANSAB S/O. RAJESAB BAGAWAN AGE. 46 YEARS, OCC. DRIVER, R/O. BADAMI, TQ. BADAMI, DIST. BAGALKOT. ...APPELLANT (BY SHRI B.S. SANGATI, ADVOCATE) AND: 1 . MAHANTESH S/O. SHEKARAYYA HIREMATH AGE. 39 YEARS, OCC OWNER OF THE APE AUTO RICKSHAW NO.KA.29-6316, R/O. BELAVALAKOPPA, TQ. BADAMI, DIST. BAGALKOT. 2 . THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., MELLIGERI COMPLEX, 1ST FLOOR, AT. BAGALKOT, TQ. AND DIST. BAGALKOT. …RESPONDENTS (BY SHRI S.S. JOSHI, ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH) 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2021, PASSED IN ECA.NO.36/2015, ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO. VIII, BADAMI, ALLOWING THE CLAIM PETITION FILED UNDER SECTION 22 OF EMPLOYEE COMPENSATION ACT & ETC. 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-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.1,30,000/- (One Lakh Thirty Thousand rupees 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 3. Respondent-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/s 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 JTR,CT:VP