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2025 DAILYLAW 60297 (KAR)

PANCHAKSHARAIAH v. PARAVALI GOPI S/O NARAYAN

MFA/104033/2023 · 2025-12-13

Lok Adalath

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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. 104033 OF 2023 (MVC) LOK ADALAT NO.960/2025. BETWEEN: PANCHAKSHARAIAH S/O SIDDAIAH PYATIMATH, AGE 45 YEARS OCC SUPER WISER, AT SEEDS COMPANY, R/O. MRUTUNJAYA NAGAR, RANEBENNUR, TQ.RANEBENNUR, DT.HAVERI-581115. MO.NO.6362365805. ... APPELLANT (BY SRI. B.M. PATIL, ADVOCATE) AND: 1. PERAVALI GOPI S/O NARAYAN AGE.MAJOR, OCC.BUSINESS, R/O D.NO.2-269, B.C.COLONY, CHANDAVARAM VILLAGE, NADENDLA MANDAL, 2 DT,GUNTUR, STATE ANDRA PRADESH-522549 (OWNER OF MOTOR CYCLE.NO.AP-07/DT-1973) 2. THE DIVISIONAL MANAGER (LEGAL CLAIM) ORIENTAL INSURANCE CO.LTD, REP. BY ITS BRANCH OFFICE AT SIDDESHWARA COMPLEX, OLD P.B.ROAD HAVERI-581110. (POLICY NO.463401/31/2018/22492 VALID FROM 27-02-2018 TO 26-02-2019) 3. NINGAPPA S/O PUTTAPPA RODDANAVAR, AGE. 53 YEARS, OCC. AGRICULTURE, SINCE DEAD BY HIS LR'S 3(A) SMT.HARIYAKKA W/O NINGAPPA RODDANAVAR, AGE. 51 YEARS , OCC. HOUSEHOLD, R/O. TATTUR VADDIGERI, TQ. SORAB, DT. SHIVAMOGGA-577433. 3(B) SHRI SIDDAPPA S/O NINGAPPA RODDANAVAR, AGE. 30 YEARS, OCC. BUSINESS, R/O. TATTUR VADDIGERI, TQ. SORAB, DT. SHIVAMOGGA-577433. 3(C) KUM. TEJASHWINI D/O NINGAPPA RODDANAVAR, AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. TATTUR VADDIGERI, TQ. SORAB, DT. SHIVAMOGGA-577433. 3(D) KUM. DEEPA D/O NIGAPPA RODDANAVAR, AGE.26 YEARS, OCC.HOUSEHOLD, R/O. TATTUR VADDIGERI, TQ. SORAB, DT. SHIVAMOGGA-577433. 3 3(E) KUM. BYAVVYA D/O NINGAPPA RODDANAVAR, AGE.24 YEARS , OCC.HOUSEHOLD, R/O. TATTUR VADDIGERI, TQ. SORAB, DT. SHIVAMOGGA-577433. (OWNER OF CAR.NO.KA-15/N-1385) 4. THE DIVISIONAL MANAGER (LEGAL CLAIM) LIBERTY GENERAL INSURANCE CO.LTD, R/BY ITS BRANCH OFFICE AT 4-1-85/21 SHOP.NO.203 AND 4-1-85/25 SHOP NO.207 2ND FLOOR INLAND AVENUE, M.G.ROAD, MANGALORE-575003. (POCY.NO.201150020318800341801000 VALID FROM 03-10-2018 TO 02-10-2019) … RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2 & R4; SRI. NAGARAJ C KOLLOORI, ADVOCATE FOR R4; NOTICE TO R1 & R3(A) TO (E) DISPENSED WITH) SRI. SUBHASH J BADDI, ADVOCATE FOR R4; THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC NO.575/2019 DATED 16.02.2023 BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, 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: 4 CONCILIATION ORDER Learned counsel for claimant(s)/appellant(s) and representative of Insurance Company along with its counsel are present. 2. The present appeal is by the claimant for enhancement of compensation. Two vehicles were involved in the accident. One vehicle was insured by respondent No.2, and another vehicle was insured by respondent No.4. The Tribunal awarded compensation of Rs.3,60,000/- along with interest at the rate of 6% per annum from the date of petition till realization of entire compensation amount. 3. As a result of meaningful and fruitful negotiation among the parties, the matter is settled. 4. Both respondents No.2 and 4 have agreed to pay 50% of the settled amount of Rs.4,22,000/-. Accordingly, respondents No.2 has agreed to pay a sum of Rs.2,11,000/- (Two Lakh Eleven Thousand rupees only), and respondent No.4 has agreed to pay a sum of Rs.2,11,000/- (Two Lakh Eleven Thousand rupees only), in 5 full and final settlement of the claim, in addition to what has been awarded by the Tribunal. 5. Duly signed joint Memo is filed in this behalf parties to this effect. 6. Learned counsel for the parties have identified the signatures of the respective parties on the joint memo. 7. The joint memo is accepted. 8. The impugned award is modified in terms of the joint memo. 9. The enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. 10. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 11. 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. 6 12. 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 PMP CT:BCK