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2025 DAILYLAW 62336 (KAR)

KOUSAR W/OHAMEEDSAB ADATADAR v. SHRI RAJU S/O PUNDALIK KAMMAR

MFA/103669/2022 · 2025-07-12

Lok Adalath

body2025

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 12TH DAY OF JULY, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR AND SHRI R.H. ANGADI, MEMBER M.F.A.No.103669/2022 (MV-D) LOK ADALAT No.637/2025 BETWEEN 1. KOUSAR W/O HAMEEDSAB ADATADAR AGE. 41 YEARS, OCC. HOUSEWIFE, R/O.H.NO.70/A, NEAR NOOR MASJID, UJWAR NAGAR, BELAGAVI-590001 TQ AND DIST. BELAGAVI 2. ALMAS D/O HAMEDSAB ADATADAR AGE. 21 YEARS, OCC. STUDENT R/O.H.NO.70/A, NEAR NOOR MASJID, UJWAR NAGAR, BELAGAVI-590001 TQ AND DIST. BELAGAVI 3. JAFARSADIK S/O HAMEEDSAB ADATADAR AGE. 20 YEARS, OCC. STUDENT, R/O.H.NO.70/A, NEAR NOOR MASJID, UJWAR NAGAR, BELAGAVI-590001 TQ AND DIST. BELAGAVI. ...APPELLANTS (BY SRI. DEEPAK KULKARNI, ADVOCATE) AND 1. SHRI RAJU S/O PUNDALIK KAMMAR 2 AGE. 34 YEARS, OCC. KSRTC CONDUCTOR R/O.AT.POST. MARADI NAGALAPUR BAILHONGAL TQ. BAILHONGAL DIST. BELAGAVI-590001 (OWNER CUM RIDER OF HERO CD DELUXE BEARING REG.NO.KA-24-Q-2664) 2. THE MANAGER LEGAL HDFC EGRO GENERAL INSURANCE CO.LTD., 1ST FLOOR, VIRUPAKSH KRUPA OPP. KIMS MAIN GATE, P.B.ROAD, VIDYA NAGAR, HUBBALLI-580021 …RESPONDENTS (BY SHRI. IRANNA K KABBUR, ADVOCATE FOR R2; NOTICE TO R1 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO THE JUDGMENT AND AWARD DATED 30.11.2021, IN M.V.C. NO.1786/2020 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, IN AWARDING RS.17,10,000/-@ 6% PER ANNUM BE KINDLY BE MODIFIED BY ENHANCING IT TO RS.50,00,000/- @ 18% PER ANNUM FROM THE DATE OF THE PETITION, TILL THE DATE OF THE PAYMENT BY HOLDING BOTH THE RESPONDENTS JOINTLY AND SEVERALLY LIABLE TO PAY THE 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 claimants and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.3,00,000/- (Rupees three lakhs 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 eight 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. The apportionment with regard to release and deposit of the compensation amount of Rs.3,00,000/- shall be as per the order of the Tribunal. 4 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 KGK/CT:MCK