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2025 DAILYLAW 84852 (KAR)

SRI JIYAVULLA S/O SALIM SAB v. SRI G BALARAJU S/O G ANAND

MFA/101212/2025 · 2025-12-13

Lok Adalath

body2025

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.101212 OF 2025 LOK ADALAT No.1012/2025. BETWEEN: SRI. JIYAVULLA S/O SALIM SAB, AGED ABOUT 32 YEARS, OCC. EX-VEGETABLE VENDOR, R/O. ASHRAYA COLONY, NEAR GOVT. SCHOOL, TAMBRAHALLI VILLAGE, DASARANAGENAHALLI POST, BALLARI TALUK AND DISTRICT-583 117. ...APPELLANT (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SRI. G. BALARAJU S/O G. ANAND, AGED ABOUT 33 YEARS, DRIVER OF THE LORRY BEARING 2 REG. NO. AP-26/TL-5013, R/O. DUDYALLA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, AP-518 422. 2. SRI. RAVI SURESH S/O R. CHINA KONDAIAH, AGED ABOUT 47 YEARS, OWNER OF THE LORRY BEARING REG. NO. AP-266/TL-5013, R/O. BEHIND RAMALAYAM, KESAVARAM, THIMMA SAMUDRAM VILLAGE, JALADANKI, MANDALAM, NELLORE DISTRICT, AP-524 223. 3. M/S NEW INDIA ASSURANCE COMPANY LIMITED, BY ITS DIVISIONAL MANAGER, EDIGA HOSTEL COMPLEX, DOUBLE ROAD, BALLARI-583 101. (POLICY NO. 6215023121110000179) VALID FROM 14-12-2021 TO 13-12-2022 INSURED AT BRANCH OFFICE OPPOSITE ELECTRICAL SUB STATION PATNAIK CHAMBER, PANTHULUGARI MEDA AREA, GAJUWAKA, VISHAKAPATNAM, AP. … RESPONDENTS (By SMT. PREETI SHASHANK, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 26.11.2024 PASSED IN MVC NO.369/2022 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-III AND PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. 3 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(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.1,00,000/- (One Lakh 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 on the joint memo of the respective parties. 4 5. The joint memo is accepted. 6. The impugned award is modified in terms of the joint memo. 7. The enhanced compensation shall be released in favour of claimant 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 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. 10. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. 5 Draw up the award accordingly. The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER PMP CT:BCK