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2025 DAILYLAW 8934 (KAR)

MALLAPPA v. SHIVANAND MAHADEVAPPA MALAGOND AND ANR

MFA/201304/2024 · 2025-03-08

Lok Adalath

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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.201304 of 2024 (MV) Lok Adalat No.99/2025 BETWEEN: MALLAPPA S/O YALLAPPA @ YALAGONDAPPA NATIKAR, AGE: 62 YEARS, OCC: FOOD GRAIN BUSINESS, R/O DEVAR HIPPARAGI, NOW AT MADABHAVI, TALUKA AND DISTRICT: VIJAYAPURA-586104. ...APPELLANT (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE) AND: 1. SHIVANAND MAHADEVAPPA MALAGOND, AGE: 30 YEARS, OCC: BUSINESS, RESIDENCE OF MARKABBINALLI, TALUKA: DEVAR-HIPPARAGI, DISTRICT: VIJAYAPURA-586104. 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LTD., HERALAGI BUILDING, BEHIND S.S. TEMPLE, VIJAYAPURA-586101. …RESPONDENTS (BY SMT. PREETI PATIL, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGEMENT AND AWARD DATED 24.06.2023 PASSED IN MVC - 2 - NO. 25/2021 ON THE FILE OF THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO. VII VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL TO ENHANCE THE COMPENSATION AMOUNT BY RS 12.15.500/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE COURT. 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.50,000/- (Rupees Fifty 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