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2025 DAILYLAW 85961 (KAR)

SMT KAMAALAVVA W/O. BALAPPA MUKANAVAR v. SHRI RAMACHANDRA S/O. RANGANATH BURUD

MFA/101885/2024 · 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.101885 OF 2024 (MV) LOK ADALAT NO.965/2025. BETWEEN: 1. SMT KAMALAVVA W/O. BALAPPA MUKANAVAR, AGE. 47 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.35, GUTAGUDDI, TALUK. HUKKERI, DISTRICT. BELAGAVI, PIN CODE-591 122. 2. SMT. HOLEVVA W/O. BASAPPA RONI, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. PANAGUTTI, GUTAGUDDI, TALUK. HUKKERI, DISTRICT. BELAGAVI, PIN CODE-591 122. 3. SHRI BASAPPA S/O. BALAPPA MUKANAVAR, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. H.NO.146, GUTAGUDDI, TALUK. HUKKERI, DISTRICT. BELAGAVI, PIN CODE-591 122. 4. SMT. LAGAMAVVA W/O. BHARMAPPA KALLATTI, AGE. 23 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.219, CHILBHAVI, TALUK. HUKKERI, DISTRICT. BELAGAVI, PIN CODE-591 309. 2 5. SHRI FAKIRAPPA S/O. BALAPPA MUKANAVAR, AGE. 20 YEARS, OCC. STUDENT, R/O. GUTAGUDDI, TALUKA. HUKKERI, DISTRICT. BELAGAVI, PIN CODE-591 122. ... APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. SHRI RAMACHANDRA S/O. RANGANATH BURUD, AGE. MAJOR, OCC. BUSINESS, R/O. H.NO.1103, NEAR RENUKA MANDIR, AT POST: KUNNUR, TALUK. CHIKKODI, DISTRICT. BELAGAVI, PIN CODE-591 215. (OWNER OF MAHINDRA PICK-UP GOODS VEHICLE BEARING REG. NO.KA-23/B-3824) 2. HDFC ERGO GENERAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, OPPOSITE KIMS, VIDYANAGAR, HUBBALLI, PIN CODE-580 021. … RESPONDENTS (BY SRI. S.K. KAYAKMATH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO THE IMPUGNED JUDGMENT AND AWARD DATED 09.01.2024 PASSED IN MVC NO.1137/2023 ON THE FILE OF THE LEARNED IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, WHEREIN THE CLAIM PETITION FILED BY THE APPELLANTS IS PARTLY ALLOWED, BY AWARDING COMPENSATION OF RS.20,62,604/- WITH 6% INTEREST PER ANNUM BE MODIFYING, BY ENHANCING THE CLAIM COMPENSATION TO RS.50,00,000/- WITH INTEREST @ 8% PER ANNUM FROM THE DATE OF PETITION, TILL THE DATE OF PAYMENT, BY HOLDING RESPONDENTS NO.1 AND 2 HEREIN JOINTLY AND SEVERALLY LIABLE TO PAY THE SAID COMPENSATION TO THE APPELLANTS HEREIN, 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.4,30,000/- (Rupees Four Lakh Thirty 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 4. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. 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 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. 5 Award of Tribunal shall stand modified accordingly. 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