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2025 DAILYLAW 61632 (KAR)

SRI. BALACHANDRA NAIK ALIS BALACHANDRA T v. SRI. ANJANEYA KORAMARA S/O. LATE SOGI HALAPPA

MFA/100484/2025 · 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.100484 OF 2025 LOK ADALAT No.955/2025. BETWEEN SRI. BALACHANDRA NAIK @ BALACHANDRA T S/O. THUKYA NAIK AGE. 36 YEARS, OCC. AGRICULTURIST, R/O. KALVI THANDA HUVINAHADAGALI TALUK VIJAYANAGARA DISTRICT-583219. ...APPELLANT (BY SRI VIJAYKUMAR K. KOTIN, ADVOCATE) AND 1. SRI. ANJANEYA KORAMARA S/O. LATE SOGI HALAPPA AGED ABOUT 43 YEARS, DRIVER-CUM-OWNER OF THE 2 BELORO PICKUP BEARING NO. KA-27/B-4825 RESIDENT OF SHANTHE BAZAAR WARD NO.3 HIREHADAGALI VILLAGE HUVINAHADAGALI TALUK VIJAYANAGARA DISTRICT-583219. 2. THE BRANCH MANAGER M/S TATA AIG GENERAL INSURANC COMPANY LTD., BALLARI-583101 POLICY NO. 101618861740000 …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADV. FOR R2) MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN MVC NO.785/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT-XIII H.B.HALLI ITINERARY SITTING AT SENIOR CIVIL JUDGE HUVINAHADAGALI DATED 09.08.2024 BY ALLOWING THIS APPEAL WITH COSTS, 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.3,30,000/- (three 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. 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(s) 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 AM/- CT:BCK