SANTOSH KUMAR S S/O ESHWARAPPA S v. SHIVAYOGEPPA S/O NAGENDRAPPA BANGER
MFA/101294/2025 · 2025-12-13
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84118 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84118 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2025
CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B. MURALIDHARA PAI
AND SRI PRASHANT MATHAPATI, MEMBER
M.F.A.No.101294/2025 [MV-I] (Lok Adalat No. 1055/2025)
BETWEEN:
SANTOSH KUMAR S.
S/O. ESHWARAPPA S., AGE: 36 YEARS, OCC: AGRICULTURIST AND BUSINESS, R/O. MADENAHALLI, TQ. HONNALLI, DISTRICT: DAVANAGERE-572216. ...APPELLANT (BY SRI VIJAYKUMAR KOTIN, ADVOCATE)
AND
1. SHIVAYOGEPPA S/O. NAGENDRAPPA BANGER, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. SOMANAHALLI, TQ. HIREKERUR, DIST. HAVERI-581111.
(OWNER OF THE MOTOR CYCLE VEHICLE BEARING REG NO KA.27/EE-9969).
2
2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ADDRESS: 1, #2, 1ST FLOOR, ENKAY COMPLEX, KESHWAPUR, HUBLI, KARNATAKA-580023.
…RESPONDENTS
(BY SRI S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.09.2023 PASSED IN MVC NO.1363/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER
Learned counsel for Appellant/Claimant and representative of Respondent No.2/Insurance Company along with its counsel are present.
2. After prolonged negotiations, matter is settled. Appellant/Claimant has agreed to receive and the Respondent No.2/Insurance Company has agreed to pay a sum of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand
3
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. Respondent No.2/Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the 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. The parties are not entitled to any cost.
4. On deposit, the entire amount shall be released in favour of the Appellant/Claimant forthwith.
5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE
Sd/- MEMBER CKK/CT-AN