NEELAMMA W/O LATE C CHANDRA v. GANESH S/O MALLAPPA
MFA/100264/2021 · 2025-12-13
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60198 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60198 (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.100264 OF 2021 (MV) LOK ADALAT NO.976/2025. BETWEEN:
1. NEELAMMA W/O LATE C. CHANDRA, AGED ABOUT 29 YEARS,
2. SREEKANTH S/O. LATE C. CHANDRA, AGED ABOUT 06 YEARS,
3. MINOR AKSHAYA D/O LATE C. CHANDRA, AGED ABOUT 04 YEARS,
4. MINOR PALLAVI D/O. LATE C. CHANDRA, AGED ABOUT 08 YEARS,
PETITIONER NO.2 TO 4 ARE MINORS, REPRESENTED NATURAL MOTHER I.E, PETITIONER NO.1.
5. CHANALA NAGESH S/O. LATE HANUMANTHAPPA CHANAL, AGED ABOUT MAJOR,
6. SHANTHAMMA W/O. CHANALA NAGESH, AGED ABOUT MAJOR,
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ALL ARE R/O. W.NO.4, YERRITHATHA GUDI, KUMBARA BANDI CAMP, DAMMURU VILLAGE, BALLARI TALUK AND DISTRICT-583 101.
... APPELLANTS
(BY SRI. Y. LAKSHMIKANT REDDY , ADVOCATE)
AND:
1.
GANESH S/O MALLAPPA, AGED ABOUT 55 YEARS, DRIVER OF LORRY BEARING NO.AP-16/TY-2229, R/O. GABBUR VILLAGE, DEVADURGA TALUK AND RAICHUR DISTRICT-484 101.
2.
SHANKAR LINGAPPA S/O. VEERABHADRAPPA, OWNER OF LORRY BEARING NO. AP-16/TY-2229,R/O. 329, MATADA HATTIRA RAMPUR, RAICHUR-584 101.
3.
THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., R/O. EDIGA COMPLEX, BALLARI, BALLARI DISTRICT, THE POLICY HAS BEEN ISSUED BY RAICHUR OFFICE-584 101.
… RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 07.05.2020 PASSED IN MVC NO.1285/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, AT BALLARI, BY ENHANCING THE COMPENSATION RS.14,90,000/- TO THE APPELLANT AND ETC., IN THE INTEREST OF JUSTICE AND EQUITY.
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THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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.20,30,000/- (twenty lakh thirty 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.
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5. The joint memo is accepted.
6. The impugned award is modified in terms of the joint memo.
7. 75% of enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. Balance amount shall be kept in any nationalized bank for a period of two years and thereafter, shall be released in favour of claimant(s).
8. In case of more than one claimant, the amount shall be released in the same proportion as ordered by the Tribunal. This condition applies both in favour of amount to be released on deposit and also the amount to be released after maturity of the amount to be deposited in the bank.
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
5 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.
Sd/- JUDGE
Sd/- MEMBER
PMP CT:BCK