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2025 DAILYLAW 8797 (KAR)

SHREEKANT @ SHRIKANT v. THE HEAD MASTER AND ANR

MFA/200242/2022 · 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 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL AND SRI LIYAQAT FAREED USTAD, MEMBER M.F.A. NO. 200242/2022 (MV) Lok Adalat No.47/2025 BETWEEN SHREEKANT @ SHRIKANT S/O SHEKAR @ SHEKHU CHAWAN @ CHAVAN AGE: 21 YEARS, OCC: AGRICULTURE, R/O MEGHUN LT, TQ. INDI, DIST. VIJAYAPURA – 586113. …APPELLANT (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE) AND 1. THE HEAD MASTER, DHNYANA BHARATI VIDYA MANDIR, ATHARGA, TQ: INDI, DIST: VIJAYAPURA – 586112. 2. THE BRANCH MANAGER, THE SHRIRAM GENERAL INSURANCE CO. LTD., NO.3/5, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI, MAIN ROAD, BANNERGHATTA ROAD, IIM POST, BENGALURU – 560076. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2 R1 SERVED & UNREPRESENTED) - 2 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.12.2021 PASSED IN MVC NO.1304/2018 ON THE FILE OF THE COURT OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUAL NO.XV VIJAYAPURA AT VIJAYAPURA. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF RS.53,80,800/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE COURT. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, AND 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.3,75,000/- (Rupees Three Lakh Seventy 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. - 3 - 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER msr