Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 8672 (KAR)

BASAVARAJ v. MAHANTESH AND ANR

MFA/201540/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.201540 of 2024 (MV) Lok Adalat No.129/2025 BETWEEN: BASAVARAJ S/O PARMANAND BIRADAR AGE: 29 YEARS OCC: AGRICULTURE RESIDENCE OF KOULAGI, TQ AND DISTRICT VIJAYAPURA -586101. ...APPELLANT (BY SRI SANGANAGOUDA V BIRADAR, ADVOCATE) AND: 1. MAHANTESH S/O SHEKAPPA KYARKOPPA AGE: 46 YEARS OCC: BUSINESS RESIDENCE OF SANNAMAVAR ONI, SATTUR TQ AND DISTRICT DHARWAD -580009. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD SANGAM BUILDING, PB NO. 60, S S FRONT ROAD VIJAYAPURA-586101. …RESPONDENTS (BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE APPELLANT BY - 2 - SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 20.03.2018 PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VIJAYAPURA IN MVC NO.160/2017. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellant/Claimant and the representative of Respondent-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-Insurance Company has agreed to pay a lump-sum of compensation of Rs.1,25,000/- (Rupees One Lakh Twenty Five 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 Claimant. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said - 3 - amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ