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2025 DAILYLAW 59609 (KAR)

SMT SEVANTI W/O MALLAPPA NYAMAGOUDA v. SRI. RAVAJI S/O DHARMA RATHOD

MFA/104350/2022 · 2025-12-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.104350 OF 2022 (MV) LOK ADALAT NO.984/2025. BETWEEN: SMT. SEVANTI W/O MALLAPPA NYAMAGOUDA, AGE. 55 YEARS, OCC. AGRICULTURE (PRESENT NIL), R/O. ALGUR RC, TQ. JAMKHANDI, DIST. BAGALKOT-587 301. ... APPELLANT (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE) AND: 1. SRI. RAVAJI S/O DHARMA RATHOD, AGE. 63 YEARS, OCC. BUSINESS, 2 R/O. KALAKERI, TQ. SINDAGI, DIST. VIJAYAPUR-586 101. 2. THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO.LTD., 1ST FLOOR, VIRUPAKSHAKRUPA, OPPOSITE KIMS, MAIN GATE, PB ROAD, VIDYA NAGAR, HUBLI-580 029. … RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD DATED 11.04.2022 PASSED IN MVC NO.47/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL VI, JAMAKHANDI, 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.75,000/- (Rupees Seventy Five 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 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 PMP CT:BCK