Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 64206 (KAR)

DURGAPPA S/O YALLAPPA VIBHUTI v. YALLAPPA S/O BHIMAPPA PARAKI

MFA/103958/2022 · 2025-12-13

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 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.103958 OF 2022 LOK ADALAT No.961/2025. BETWEEN DURGAPPA S/O. YALLAPPA VIBHUTI, AGE. 47 YEARS, OCC. MASON, NOW NIL, SINCE MENTALLY CHALLENGED ON ACCOUNT OF ACCIDENTAL INJURIES REPRESENTED BY HIS NEXT FRIEND GANESH S/O DURAGAPPA VIBUTHI, AGE. 25 YEARS, OCC. COOLIE, R/O. SAGAR NAGAR, JHOPAD PATTI, GOKAK ROAD, KANABARGI, BELAGAVI TALUK - 590016 ...APPELLANT (BY SRI PRASHANT MATHAPATI, ADVOCATE) AND 1. YALLAPPA S/O BHIMAPPA PARAKI AGE. MAJOR, 2 OCC. NOW KNOWN, AT HANUMAN GALLI CHADUR POST, KHANAGAON, TAL. BELAGAVI - 591344, (OWNER OF BAJAJ PULSAR M/CYCLE NO.22-EX-1472) 2. CHOLAMANDALAM M S GENERAL INSURANCE CO.LTD., #208, CTS NO.4818/9B, NABBUWALE BLDG, BEHIND SP OFFICE, SP OFFICE ROAD, SUBHASH NAGAR, BELAGAVI – 590016 (INSURER OF BAJAJ PULSAR M/CYCLE NO.22-EX-1472) …RESPONDENTS (By SRI R.R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL BELAGAVI IN MVC NO.1706/2020 ORDER DATED 15.02.2022 AND ALLOW THIS MISCELLANEOUS FIRST APPEAL BY AWARDING COMPENSATION AS PRAYED, IN THE INTEREST OF JUSTICE. 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.2,00,000/- (two lakh 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 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