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2025 DAILYLAW 63532 (KAR)

SHIVAMMA v. SHIVANAND AND ANR

MFA/201723/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

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- 1 - MFA No.201723/2024 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE H.P.SANDESH AND SRI S.V.DESHMUKH, MEMBER M.F.A. NO.201723/2024 (MV) Lok Adalat No.503/2025 BETWEEN: SMT. SHIVAMMA W/O LATE GUNDAPPA, BHEMSHETTY, AGED ABOUT 76 YEARS, OCC: HOUSEHOLD R/O KALLUR TQ. HUMNABAD DIST. BIDAR ...APPELLANT (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. SHIVANAND S/O RAMCHANDRA GORATE, AGE: 47 YEARS, OCC: DRIVER-CUM OWNER OF VEHICLE (TATA SUMO) BEARING REG.NO.KA-32 M-2909, R/O VILLAGE KALLUR, TQ. HUMNABAD DIST. BIDAR-584101. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, BILGUNDI COMPLEX, - 2 - MFA No.201723/2024 1ST FLOOR OPP, MINI VIDHANA SOUDHA, KALABURAGI-585101. …RESPONDENTS (BY SRI S.S. ASPALLI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT PRAYING TO CALL FOR THE RECORD AND MODIFY THE JUDGMENT AND AWARD DATED 07.11.2013 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HUMNABAD, IN M.V.C.NO.33/2013, AND ENHANCE THE COMPENSATION AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the appellant/claimant and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of Rs.6,40,000/- (Rupees Six Lakh Forty Thousand only), in addition to what has been awarded by the Tribunal, in full and - 3 - MFA No.201723/2024 final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Appellant/claimant is the mother of the deceased, who is aged about 76 years at the time of filing of the appeal. Considering her age, entire compensation is directed to be released in favour of appellant/claimant. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the 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. 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- (H.P.SANDESH) JUDGE Sd/– (S.V.DESHMUKH) MEMBER NJ CT: NI List: 1; Sl.No.9