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High Court of Karnataka · body

2025 DAILYLAW 60277 (KAR)

LOHIT S/O KUMAR SADAPUR v. SRI. VIRUPAKSHAPPA B.S. S/O BHIMANAGOUDA

MFA/101789/2023 · 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.101789 OF 2023 (MV) LOK ADALAT NO.1007/2025. BETWEEN: LOHIT, S/O KUMAR SADAPUR, AGE: 20 YEARS, OCC: AGRICULTURE WORK, R/O AZADNAGAR, TQ: HIREKERUR, NOW AT GOURISHANKAR NAGAR, RANEBENNUR, DIST: HAVERI-581120. ... APPELLANT (BY SRI. VIJAYKUMAR K.KOTIN, ADVOCATE) AND: 1. SRI VIRUPAKSHAPPA B.S., S/O BHIMANAGOUDA, AGE: MAJOR, OCC: BUSINESS, 2 R/O SUTTAKOTI VILLAGE, POST: MALAVALLI, TQ: SHIKARIPUR, DIST: SHIVAMOGGA-577427, OWNER OF TATA ACE VEHICLE, BEARING REG.NO.KA-15/A-3861. 2. THE LEGAL MANAGER, TATA AIG GENERAL INSURANCE CO.LTD., 3RD FLOOR, HALLMARK BUILDING, KALABURGI MANSION, DESAI CROSS, HUBLI-580029. … RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.10.2022 PASSED IN MVC NO.736/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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.1,00,000/- (Rupees one lakh only), in full and final settlement of the claim, in addition to what has been awarded by the Tribunal. 3. Duly signed Joint Memo is filed in this behalf parties to this effect. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. The joint memo is accepted. 4. The impugned award is modified in terms of the joint memo. 5. The enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. 4 6. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 7. 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. 8. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CLK CT:BCK