APPASAB DUNDAPPA BELIANNAVAR v. SURYAKANT KASAPPA GOTHE AND ANR
MFA/201086/2024 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9101 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9101 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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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.201086 OF 2024 (MV) Lok Adalat No.132/2025 BETWEEN:
APPASAB DUNDAPPA BELLANNAVAR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O AMBEDKAR COLONY INCHAGERI, TALUK: INDI, NOW AT RAMANAGAR, VIJAYAPURA ...APPELLANT (BY SRI SANGANABASAVA B PATIL, ADVOCATE)
AND:
1.
SURYAKANT KASAPPA GOTHE,
AGE: MAJOR, OCC: BUSINESS,
R/O SAVALSNG INDI TALUK,
DIST: VIJAYAPURA-586108
(OWNER OF TRACTOR NO.KA-28/TA-2911)
2.
THE BRANCH MANAGER
THE UNITED INDIA INSURANCE COMPANY LIMITED
SANGAM BUILDING, S S FRONT ROAD,
VIJAYAPURA-586101. …RESPONDENTS (BY SRI MD. ABDUL QUAYUM, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGEMENT
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AND AWARD PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT-XV, AT: VIJAYAPUR IN M.V.C. NO.
1717/2019 DATED 03.03.2023 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY THE APPELLANT.
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.3,50,000/- (Rupees Three Lakh 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
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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