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2025 DAILYLAW 64597 (KAR)

SMT CHANDIBAI v. ABDUL RAJAK

MFA/104992/2024 · 2025-07-12

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 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 K V ARAVIND AND SHRI M T BANGI, MEMBER M.F.A. NO.104992/2024 (MV) LOK ADALAT NO.548/2025 BETWEEN: SMT. CHANDIBAI, W/O. SHANKRAPPA KATTIMANI, AGE. 61 YEARS, OCC. AGRICULTURE AND COOLIE, R/O. NEELANAGAR, SHIRUR L.T., TAL. AND DIST. BAGALKOT, PIN-587101. ...APPELLANT (BY SRI. S.C. HIREMATH, ADVOCATE) AND: 1. ABDUL RAJAK, S/O. RAJESAB SAVARAJ, AGE. 28 YEARS, OCC. BUSINESS, R/O. SAVARAJ AUTO CENTER, 2 NEAR BUS STAND, GULEDGUDDA, TAL. GULEDGUDDA, DIST. BAGALKOT, PIN-587203. 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, DIST. BAGALKOT-587101. …RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO INTERFERE WITH THE JUDGMENT AND AWARD DATED 10.11.2023 PASSED IN MVC NO.390/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BAGALKOT, BY ENHANCING THE COMPENSATION AMOUNT FROM RS.13,500=00 TO RS.11,30,000=00 ALONG WITH INTEREST, IN THE INTEREST OF JUSTICE. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The learned counsel for the claimant and the representative of Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the Insurance Company has agreed to pay a sum of Rs.10,000/- (Rupees ten thousand 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. The entire amount shall be released in favour of the claimant. 4. The 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. 4 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/- JUDGE Sd/- MEMBER CT: UMD. CLK