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2025 DAILYLAW 65370 (KAR)

R P SIRISHA v. RAMESH GOUD D S/O D RAMULU GOUD

MFA/104348/2022 · 2025-12-13

Lok Adalath

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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.104348 OF 2022 (MV) LOK ADALAT NO.858/2025. BETWEEN: R.P. SIRISHA D/O LATE R.P. RAJASHEKARA, AGED ABOUT 19 YEARS, STUDENT, R/O. 9TH WARD, NEAR CHINTAKUNTA COMPLEX, PARVATHI NAGAR, SIRUGUPPA, BALLARI DISTRICT-583 108. ... APPELLANT (BY SRI. MANJUNATH G. PATIL, ADVOCATE) AND: 1. RAMESH GOUD D. S/O D. RAMULU GOUD, AGED ABOUT 47 YEARS, OCC. DEIVER OF THE LORRY BEARING NO. TS-06/UA-5689, 2 R/O. NO. 1-80, YEDIRA VILLAGE, KONDURG, MEHABOOB NAGAR DISTRICT, TELANGANA STATE-509 207. 2. DOMA YADAIAH GOUD S/O DOMA MOGULAIAH GOUD, AGED ABOUT 49 YEARS, OWNER OF THE LORRY BEARING NO.TS-06/UA-5689, R/O. HOUSE NO.1-113, EDIRA VILLAGE, SHADNAGAR, FAROOK NAGAR, MAHABUBNAGAR DISTRICT, TELANGANA STATE-509 001. 3. THE DIVISIONAL MANAGER OF M/S NEW INDIA ASSURANCE COMPANY LIMITED, 1ST FLOOR, EDIGA COMPLEX, DOUBLE ROAD, BALLARI-583 101. … RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R3; NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.1030/2018 DATED 17.09.2021 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XI AND 2ND ADDL. SENIOR CIVIL JUDGE AT BALLARI; ENHANCE THE COMPENSATION AND MODIFIED THE JUDGMENT AND AWARD DATED 17.09.2021 PASSED IN MVC NO.1030/2018 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XI, AT: BALLARI, 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.40,000/- (Rupees forty thousand 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(s) 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 on which award is drawn up, 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 CLK CT:BCK