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2025 DAILYLAW 59451 (KAR)

BELUGUPPA DEVENDRA ALIAS BOYA DEVENDRA ALIAS B DEVENDRA v. VALI SHAIK S/O. P. PHAKRUDDIN

MFA/103983/2023 · 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.103983/2023 [MV-D] (Lok Adalat No. 1024/2025) BETWEEN: 1. BELUGUPPA DEVENDRA @ BOYA DEVENDRA @ B. DEVENDRA S/O. BELUGUPPA DURGAPPA @ BOYA DURGAPPA @ B. DURGAPPA, AGED ABOUT 48 YEARS, COOLIE. 2. BELUGUPPA ANIL @ BOYA ANIL, S/O. BELUGUPPA DEVENDRA @ BOYA DEVENDRA @ B. DEVENDRA AGED ABOUT 20 YEARS, STUDENT. 3. BELUGUPPA YUVARAJU @ BOYA YUVARAJU S/O. BELUGUPPA DEVENDRA @ BOYA DEVENDRA @ B. DEVENDRA, AGED ABOUT 19 YEARS, STUDENT, ALL ARE R/O.NO.23-15, NEAR MPP SCHOOL, GANGALAPURAM-VILLAGE, KANEKAL MANDALAM, 2 ANANTHAPUR-DISTRICT, PRESENTLY R/O. GUGGARAHATTI, BALLARI-583101. ...APPELLANTS (BY SRI MANJUNATHA G. PATIL, ADVOCATE) AND 1. VALI SHAIK S/O. P. PHAKRUDDIN, AGE: 32 YEARS, DRIVER OF THE EICHER LORRY BEARING NO.AP-02/TA-7507, R/O. NO.6/649, 6TH WARD, KAMBADUR, ANANTHAPUR DISTRICT, A.P.-450001. 2. HIDAYATHULLA S. S/O. SHAIK MASTHAN VALI, AGE: 48 YEARS, OWNER OF THE EICHER LORRY BEARING NO.AP-02/TA-7507 R/O. NO.3-102, MALLESHWARA VEEDHI, KAMBADUR, ANANTHAPUR DISTRICT, A.P.-450001. 3. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, BALLARI-583101. …RESPONDENTS (BY SRI SUBHASH J. BADDI, ADV.FOR RESPONDENT NO.3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.09.2022 PASSED IN MVC NO.324/2020 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER The learned counsel for the Appellant/Claimants and the representative of Respondent No.3-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent No.3-Insurance Company has agreed to pay a sum of Rs.4,30,000/- (Rupees Four Lakh Thirty 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 apportionment of the compensation amount of Rs.4,30,000/- shall be as per the order of the Tribunal. 4. On deposit, the entire amount shall be released in favour of Appellant/Claimants forthwith. 4 5. The Respondent No.3/Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the 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 to any cost. 6. 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 CKK/CT-AN