VARSHINI G D/O. GOVIND RAJ v. MR. NAGARAJ S. S/O. SURESHAPPA K.
MFA/106533/2024 · 2025-12-13
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65092 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65092 (KAR) · dailylaw.ai ]
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.106533 OF 2024 (MV)
LOK ADALAT NO.892/2025.
BETWEEN:
1.
VARSHINI G. D/O. GOVIND RAJ, AGED 18 YEARS, OCC. STUDENT,
2.
SUHAS G. S/O. GOVINDA RAJ, AGE. 15 YEARS, OCC. STUDENT, (APPELLANT NO.2 BEING MINOR REPRESENTED BY THEIR M/G NATURAL FATHER APPELLANT NO.3),
3.
SRI. GOVINDARAJU S/O. LATE GUNDAPPA, AGE. 49 YEARS, OCC. NIL,
ALL ARE R/O. UPPER TUNGA NAGAR, SHIVAMOGGA, NOW AT KAMADOD, TQ. RANEBENNUR, DIST. HAVERI.
... APPELLANTS (BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
2
AND:
1.
MR. NAGARAJ S. S/O. SURESHAPPA K., R/O. BEHIND SIDDESHWARA RICE MILL, NEAR WATER TANK, NEW MANDLI, SHIVAMOGGA-577 201.
2.
THE LEGAL CLAIM, HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, 472-474, 3RD FLOOR, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580 029.
(POLICY NO.23117204420712300000 VALID FROM 10.12.2021 TO 09.12.2022) … RESPONDENTS (BY SRI. NAGRAJ C.KOLLOORI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD DATED 23.11.2023 PASSED IN MVC NO.804/2022 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, 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:
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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.90,000/- (Ninety 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.
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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
CLK CT:BCK