SHRI PRAKASH S/O SHIVANAIK NAYKAR ALIAS NAIKAR v. SHRI NARAYAN S/O VINAYAK JOSHI
MFA/100662/2023 · 2025-12-13
Lok Adalath
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 59932 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59932 (KAR) · dailylaw.ai ]
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.100662 OF 2023
LOK ADALAT No.1010/2025.
BETWEEN
SHRI PRAKASH, S/O SHIVANAIK NAYKAR @ NAIKAR, AGE. 36 YEARS, OCC. MASON (NOW NIL), R/O. BADAS KH, NOW C/O NAGAPPA, S/O BHIMARAYAPPA, NAGANUR, AT. BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591129. ...APPELLANT (BY SRI VIJAYKUMAR K.KOTIN, ADVOCATE)
AND
1.
SHRI NARAYAN, S/O VINAYAK JOSHI, AGE. 51 YEARS,
2 OCC. BUSINESS, R/O. HOUSE NO.1716, SHRI DATTPRASAD ROAD, NO.5, GANESH NAGAR, SANGLI, DIST. SANGLI, STATE: MAHARASHTRA (OWNER OF MARUTI SUZUKI CO.ALTO CAR NO.MH-10/DG-1292).
2.
THE MANAGER/LEGAL MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, “VIRUPAXKRUPA” 1ST FLOOR, OPP: KIMS GATE, R.P.ROAD, VIDYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580021. …RESPONDENTS (BY SRI IRANAGOUDA K.KABBUR, ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.10.2022 PASSED IN MVC NO.144/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION, 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.60,000/- (Sixty thousand rupees 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 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.
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: CLK