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2025 DAILYLAW 59422 (KAR)

SATISH KUMAR B S/O THIRUPATHI RAO v. LOHITH KUMAR S/O KRISHNA NAIK

MFA/105239/2025 · 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 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE AND SHRI D.L.LADKHAN, MEMBER M.F.A.NO.105239 OF 2025 (MV) LOK ADALAT NO.859/2025. BETWEEN: SATISH KUMAR B. S/O THIRUPATHI RAO, AGED 44 YEARS, ENGINEER, R/O. SHANKARGUDDA COLONY, TORANAGALLU, SANDUR TALUK, BALLARI DISTRICT-583 123. ... APPELLANT (BY SRI. MANJUNATH G. PATIL, ADVOCATE) AND: 1. LOHITH KUMAR S/O KRISHNA NAIK, MAJOR, RIDER CUM OWNER OF MOTOR CYCLE BEARING REG. NO. KA-35-Q-9907, R/O. F3-12, SHANKAR GUDDA COLONY, 2 THORANAGALLU, SANDUR-TALUK, BALLARI DISTRICT-583 123. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., PARVATHI NAGAR, BUDA COMPLEX, BALLARI DISTRICT-583 101. … RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.1268/2018 DATED 22.06.2024 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL-VI AT KUDLIGI SITTING AT SANDUR; MODIFIED THE JUDGMENT AND ENHANCE THE COMPENSATION FROM RS.2,97,333/- TO 15,00,000/- IN MVC NO.1268/2018 DATED 22.06.2024 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MACT-VI KUDLIGI SITTING AT SANDUR, IN THE INTEREST OF JUSTICE AND EQUITY. 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(s)/appellant(s) and representative of Insurance Company along with its counsel are present. 2. As a result of meaningful and fruitful negotiation among the parties, the matter is settled. Claimant(s) has/have agreed to receive and the Insurance Company has agreed to pay the global compensation of Rs.1,80,000/- (Rupees one lakh eighty thousand only), in full and final settlement of the claim, in addition to what has been awarded by the Tribunal. 3. Duly signed joint memo by the parties, is filed in this behalf. 4. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. 5. The joint memo is accepted. 4 6. The impugned award is modified in terms of the joint memo. 7. The enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. 8. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 9. Insurance Company has agreed to deposit the said amount before Tribunal within six weeks from the date on which award is drawn up, 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. 10. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. 5 The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CLK CT:BCK