Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9271 (KAR)

SABAVVA AND ORS v. TAYAPPA AND ANR

MFA/201475/2023 · 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.201475 of 2023 (MV) Lok Adalat No.12/2025 BETWEEN 1. SABAVVA W/O CHANDAPPA, AGE: 49 YEARS, OCC: HOUSEHOLD, 2. HANUMANTHA S/O CHANDAPPA AGE: 28 YEARS, OCC: NIL, 3. S. HANUMANTHA S/O CHANDAPPA, AGE: 24 YEARS, OCC: NIL, ALL ARE R/O H.NO. 3-11, BALICHAKRA VILLAGE, TQ. AND DIST. YADAGIRI. ...APPELLANTS (BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE) AND 1. TAYAPPA S/O MALLAYYA BOIN, AGE: 32 YEARS, OCC: OWNER OF MAHINDRA GOODS PICK-UP BEARING ENGINE NO.TLL4M83524, CHESSI NO. MA1ZB2TLKM6A27931, R/O BALICHAKRA, TQ. AND DIST. YADGIRI-585 221. 2 2. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR, GOLDEN HEIGHT COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH BLOCK, BANGALORE-560 010, THROUGH ITS MANAGER. ..RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; (V/O DTD. 23.01.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 05.12.2022 IN MVC NO.181/2021 PASSED BY THE LEARNED MEMBER MACT-II, AT YADAGIRI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellants/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs. 4,00,000/- (Rupees Four Lakhs 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 3. The order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 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/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) SMP