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2025 DAILYLAW 59211 (KAR)

SMT. REKHA W/O BHARATESH SHIGALLI v. SRI SHREYAS S/O ASHOK KAMMAR

MFA/102127/2025 · 2025-12-13

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE B. MURALIDHARA PAI AND SRI PRASHANT MATHAPATI, MEMBER M.F.A.No.105271/2025 [MV-I] C/W M.F.A.No.102127/2025 [MV] (Lok Adalat No.1075/2025) IN M.F.A. No.105271/2025: BETWEEN: UNITED INDIA INSURANCE CO. LTD., R. M. JOSHI BUILDING, LAMINGTON ROAD, HUBBALLI-580020, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. ...APPELLANT (BY SRI SUBHASH J. BADDI, ADVOCATE) AND 1. SMT. REKHA W/O. BHARATESH SHIGALLI, 2 AGE: 41 YEARS, OCC: COOLIE, R/O. AMARGOL, HUBBALLI-582208. 2. SHREYAS S/O. ASHOK KAMMAR, AGE: 38 YEARS, OCC: EMPLOYEE, R/O. YALAKKISHETTER COLONY, DHARWAD, TQ. HUBBALLI, DIST. DHARWAD-580004. …RESPONDENTS (BY SRI ANJANEYA M., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 22.02.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., HUBBALLI, IN MVC NO.157/2022, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A No.102127/2025: BETWEEN: SMT. REKHA W/O. BHARATESH SHIGALLI, AGE: 41 YEARS, OCC: COOLIE, R/O. AMARGOL, HUBBALLI. ...APPELLANT (BY SRI ANJANEYA M., ADVOCATE) 3 AND 1. SRI SHREYAS S/O. ASHOK KAMMAR, AGE: 38 YEARS, OCC: EMPLOYEE, R/O. YALAKKISHETTER COLONY, DHARWAD, TQ. & DIST. DHARWAD-580004. 2. UNITED INDIA INSURANCE COMPANY LTD., R. M. JOSHI BUILDING, LAMINGTON ROAD, HUBBALLI 580020, REPTD. BY ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI SUBHASH J. BADDI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.02.2025 PASSED IN MVC NO.157/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 4 CONCILIATION ORDER Learned counsel for the appellant- representative of Insurance Company and learned counsel for respondents are present. 2. After prolonged negotiations, matter is settled. Claimants-respondents have agreed to receive and the Appellant-Insurance Company has agreed to pay a global compensation of Rs.4,45,000/-(Four lakhs forty five thousand rupees only), instead of 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 apportionment with regard to release and deposit of the compensation amount shall be as per the order of the Tribunal. 4. The appellant-Insurance Company has agreed to deposit the said amount before the Tribunal 5 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. The parties are not entitled for any cost. 5. Both miscellaneous First Appeals stand disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER HMB CT-AN