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2025 DAILYLAW 84862 (KAR)

MAHMADAIABAL ALIYAS ABDUL S/O MAIBUBUSAB NADAGADDI v. KASHINATH S/O NAGAPPA KANKALE

MFA/103452/2023 · 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 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.103452/2023 [MV-I] (LOK ADALAT NO.1023/2025) BETWEEN: MAHMADAIABAL @ ABDUL S/O. MAIBUBUSAB NADAGADDI AGE: 54 YEARS, OCC: AGRICUTLURE, (AT PRESENT NIL), R/O. GALGALI VILLAGE-587117, TQ. BILAGI, DIST. BAGALKOTE. ...APPELLANT (BY SRI PRASHANT S. KADADEVAR, ADVOCATE) AND 1. KASHINATH S/O. NAGAPPA KANKALE, AGE: 51 YEARS, OCC: OWNER OF BHARAT BENZ HYWA BEARING REG. NO.KA 29 A/P. 8462, 2 R/O. PLOT NO.L29, BRUNDAVAN SECTOR, 63/A, CLASS-1, CONTRACTOR, NAVANAGAR, BAGALKOTE-587103, DIST. BAGALKOTE. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE-587103. …RESPONDENTS (BY SRI S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2; (SERVICE OF NOTICE TO RESP. NO.1 HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2022 PASSED IN MVC NO.308/2019 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-VII, BILAGI, 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: 3 CONCILIATION ORDER The learned counsel for the Appellant/Claimant and the representative of Respondent No.2/Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/Claimant has agreed to receive and the Respondent No.2/Insurance Company has agreed to pay a sum of Rs.2,70,000/- (Rupees Two Lakh Seventy Thousand 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. The entire amount shall be released in favour of the Appellant/Claimant on proper identification. 4. The Respondent No.2/Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, 4 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. 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN