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2025 DAILYLAW 59241 (KAR)

MARUTI S/O BALAPPA UPPAR v. MAHANTAYYA S/O MURAGAYYA PUJAR

MFA/102900/2024 · 2025-07-12

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 12TH DAY OF JULY, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE K V ARAVIND AND SHRI M T BANGI, MEMBER M.F.A. NO.102900/2024 (MV) LOK ADALAT NO.545/2025 BETWEEN: MARUTI S/O. BALAPPA UPPAR, AGE: 56 YEARS, OCC: COOLIE, R/O: KAVALGERI, TQ: AND DIST: DHARWAD-580006. ...APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. MAHANTAYYA S/O. MURAGAYYA PUJAR, AGE: 45, OCC: BUSINESS, R/O: KAVALGERI, TQ: AND DIST: DHARWAD-580006. 2 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ANKOLA ARCADE, OPP. KALABHAVAN, P.B. ROAD, DHARWAD-580008. …RESPONDENTS (BY SRI. S.S. JOSHI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) 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 12.01.2024 PASSED IN MVC NO.26/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. 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/s has/have agreed to receive and the Insurance Company has agreed to pay a global compensation of Rs.1,05,000/- (Rupees One Lakh Five 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 entire 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. NAA