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2025 DAILYLAW 61405 (KAR)

SRI MALLAPPA ALIAS MAKKIKARJUN DANAPPA MYANASUR v. SRI MAHARUDRA BJIRAO DIVATE

MFA/103436/2022 · 2025-12-13

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE B. MURALIDHARA PAI AND SRI PRASHANT MATHAPATI, MEMBER M.F.A.No.103436/2022 [MV-I] (Lok Adalat No.903/2025) BETWEEN: SRI MALLAPPA @ MALLIKARJUN DANAPPA MYANASUR, AGE: 28 YEARS, OCC: DRIVER, R/O.SULLA, TQ.HUBBALLI. ...APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND 1. SRI MAHARUDRA BAJIRAO DIVATE, AGE: 54 YEARS, 2 OCC: BUSINESS, AT/POST. NAINGLAJ, TQ. CHIKKODI, DIST. BELAGAVI-591238. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., N. K. COMPLEX, KESHWAPUR, HUBBALLI-580023. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2021 PASSED IN MVC NO.291/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER Learned counsel for claimant and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.14,50,000/- (Fourteen lakhs fifty thousand rupees only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Respondent-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. 4 4. The apportionment with regard to release and deposit of the compensation amount of Rs.14,50,000/- shall be as per the order of the Tribunal. 5. 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 HMB I-14 CT-AN