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2025 DAILYLAW 8841 (KAR)

SHIVARAJ DESAI v. VEERESH AND ANR

MFA/202016/2024 · 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 C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.202016 of 2024 (MV-I) Lok Adalat No.62/2025 BETWEEN SHIVARAJ DESAI S/O PAMPAPATHI, AGE: 19 YEARS, OCC: STUDENT, R/O NAGALINGESHWAR CAMP, WITHIN HOSALLI K VILLAGE LIMITS, TQ. SINDHANUR, NOW R/AT AMBEDKAR COLONY, RAICHUR DISTRICT RAICHUR-584 101. ...APPELLANT (BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE) AND 1. VEERESH S/O VEERABHADRAPPA, AGE: MAJOR, OCC: DRIVER OF MARUTI SWIFT VEHICLE BRG., ITS REG. NO.KA-36/N-9426, R/O UDBAL VILLAGE, TQ. MASKI, DIST: RAICHUR-584 124. 2. THE BRANCH MANAGER, UNITED INSURANCE COMPANY LIMITED, DIST: RAICHUR-584 101. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O DATED 27.01.2025 NOTICE TO R1 IS D/W) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 13.04.2023 PASSED BY THE PRL DISTRICT AND SESSIONS JUDGE AND MACT AT RAICHUR IN MVC NO.518/2020 AND PLEASED TO ENHANCE THE COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER 1. 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 compensation of Rs.4,10,000/- (Rupees Four Lakhs Ten 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. The same is accepted. 3. 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. 4. After deposit of Rs.4,10,000/-, 70% is ordered to be released in favour of the guardian of petitioner on proper identification and 30% is to be kept in Fixed Deposit in the name of the petitioner in any Nationalized Bank of the choice of the guardian of the petitioner for a period of two years. 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