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2025 DAILYLAW 84553 (KAR)

SHRI DEVARAJ S/O. NAGAPPA H, v. SHRI KARTHIK P. D.

MFA/104738/2024 · 2025-12-13

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13T H DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI LAXMAN T. MANTAGANI M.F.A.No.104738/2024(MV-I) LOK ADALAT No.803/2025. BETWEEN: SHRI DEVARAJ S/O. NAGAPPA H, AGE. 37 YEARS, OCC. NIL, R/O. KASAVADIKOPPA, TQ. SORAB, DT. SHIVAMOGGA-577429. ...APPELLANT (BY SHRI B.M. PATIL, ADVOCATE) AND: 1 . SHRI KARTHIK P. D. S/O. PRAKASHU RAMAPPA, AGE. MAJOR, OCC. BUSINESS, R/O. #71, DEVARTHIKOPPA, MAVALI, POST. SORAB, DT. SHIVAMOGGA-577429. (OWNER OF BAJAJ PULSAR MOTORCYCLE BEARING REG NO.KA-15/V-1056) 2 . THE AUTHORIZED SIGNATORY, NATIONAL INSURANCE CO.LTD, CHANDA COMPLEX, STALL NO.6, OPP. POST OFFICE, OLD CHILLY MARKET, BYADAGI, TQ. BYADAGI-581106. DT. HAVERI-581106. 2 3 . THE AUTHORIZED SIGNATORY, NATIONAL INSURANCE CO.LTD, FIRST FLOOR, S. S. COMPLEX, B.H. ROAD, ABOVE HARSHA, SHIVAMOGGA-577201. …RESPONDENTS (BY SHRI S.K. KAYAKAMATH, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 07.08.2024 PASSED IN MVC NO.674/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BYADAGI, ALLOWING THE CLAIM PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLES ACT & ETC. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for claimant and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.1,10,000/- (One Lakh Ten Thousand rupees only), in addition to what has been awarded by the Tribunal, in full and final settlement of 3 the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Respondent-Insurance Company has agreed to deposit the said amount before Tribunal within eight 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. On deposit, the entire amount shall be released in favour of claimant/s 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 JTR, CT:VP