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2025 DAILYLAW 8755 (KAR)

KUMARI ANKITA v. CHANDRAKANT AND ANR

MFA/200426/2025 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- - 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 C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.200426 of 2025 (MV-I) Lok Adalat No.155/2025 BETWEEN: KUMARI ANKITA D/O MALLIKARJUN BELKERI, AGED: 29 YEARS, OCC: STUDENT, R/O H.NO.11-725, BORABAI NAGAR, BRAHAMPUR, KALABURAGI-585 106. ...APPELLANT (BY SRI. B.C. JAKA, ADVOCATE) AND: 1. CHANDRAKANT S/O MANIKAPPA BAWGI, AGE: 56 YEARS, OCC: BUSINESS AND OWNER OF CAR BEARING NO.KA.32/N-9886, R/O H.NO.8-4599, FRT ROAD, VASAVI SREET, NEAR PRAKASH TALKIES, ASIF GUNJ, KALABURAGI-585 105. 2. HDFC ERGO GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., OPP: KANNADA BHAVAN, 2ND FLOOR, - - 2 ABOVE AADISHAWAR SHOW ROOM, KALABURAGI-585 102, POLICY NO.202201070068955 VALID FROM 07.01.2022 TO 06.01.2023. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE JUDGEMENT AND AWARD DATED 31.10.2023, IN M.V.C NO. 190/2023, PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION OF RS.10,00,000/- WITH INTEREST OF 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION. 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.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and - - 3 final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. The 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 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/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SBS