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2025 DAILYLAW 9208 (KAR)

SMT.JAYASHREE @ SAVITA v. SRI.SHIVARAJ AND ANR

MFA/201029/2019 · 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.201029 of 2019 (MV-I) Lok Adalat No.27/2025 BETWEEN: SMT. JAYASHREE @ SAVITA W/O SUNIL CHAVAN, AGED ABOUT 29 YEARS, OCC: NIL, R/O ALLAPUR LT, DIST. VIJAYAPUR-586 101. ...APPELLANT (BY SRI. S.S. MAMADAPUR, ADVOCATE) AND: 1. SRI. SHIVARAJ S/O LALU RATHOD, AGED ABOUT 34 YEARS, OCC: AGRICULTURE, R/O SHIVANAGI TANDA, DIST: VIJAYAPUR-586 101. 2. THE MANAGER, BHARTI AXA GENERAL INSURANCE CO. LTD., 1ST FLOOR, CENTRAL BUILDING, OPP. VIDYA NAGAR, POLICE STATION, VIDYA NAGAR, HUBLI-580 021. …RESPONDENTS (BY SRI. SUBHASH MALLAPUR, ADV. FOR R2; V/O DTD. 17.01.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION - - 2 AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 03.10.2018 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-VI, VIJAYAPUR IN MVC NO.1495/2015. 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.1,50,000/- (Rupees One 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 - - 3 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 sdu