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2025 DAILYLAW 62616 (KAR)

UMESH S/O SALABAYYA HIREMATH v. SMT.INDRAWWA W/O RAMESH HADIMANI

MFA/102035/2022 · 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.102035 OF 2022 (MV) LOK ADALAT NO.966/2025. BETWEEN: 1. UMESH S/O SALABAYYA HIREMATH, AGE. 42 YEARS, OCC. AGRICULTURE AND SERVICE, AT PRESENT NIL, 2. KUMARI AISHWARYA D/O UMESH HIREMATH, AGE. 16 YEARS, OCC. STUDENT, SINCE APPELLANT NO.2 IS MINOR, R/BY HER NATURAL FATHER M/G I.E., APPELLANT NO.1. BOTH ARE R/O. JAMBAGI B.K., TQ. JAMKHANDI, DIST. BAGALKOT-587 330. ... APPELLANTS (BY SRI. HARISH S. MAIGUR, ADVOCATE) 2 AND: 1. SMT. INDRAWWA W/O RAMESH HADIMANI, AGE. 55 YEARS, OCC. COOLIE, R/O. SIDDAPUR, TQ. JAMKHANDI, DIST. BAGALKOT-587 301. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, CTS NO.472-474, V.A. KALABURGI SQUARE, 3RD FLOOR, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580 029. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 28.10.2013 PASSED IN M.V.C. NO.127/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI JAMKHANDI, 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.5,70,000/- (five lakh seventy 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 of the respective parties on the joint memo. 5. The joint memo is accepted. 4 6. The impugned award is modified in terms of the joint memo. 7. The compensation payable to the minor shall be kept in any nationalized bank of the claimant’s choice till the minor attains the age of majority. The claimant shall be entitled to withdraw the periodical interest, and thereafter the amount shall be released in favour of the minor after attaining majority, subject to proper identification. 8. In case of more than one claimant, the amount shall be released in the same proportion as ordered by the Tribunal. This condition applies both in favour of amount to be released on deposit and also the amount to be released after maturity of the amount to be deposited in the bank. 9. 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 5 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. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER PMP CT:BCK