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2025 DAILYLAW 9337 (KAR)

LOKESH v. JAGANATH AND ANR

MFA/201362/2023 · 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.201362 of 2023 (MV-I) Lok Adalat No.8/2025 BETWEEN: LOKESH S/O VIDYAVAN PANCHAL, AGE: 38 YEARS, OCC: CENTERING CONTRACTOR UNDER CIVIL ENGINEER CONTRACTOR, R/O HALHALLI, R.R.NO.HHLR83, TQ. HULSUR, DIST. BIDAR, NOW STAYING AT C/O HANMANTH PANCHAL S/O LATE NIJAGUNDAPPA, H.NO.11, MONESHWAR NILAYA, MADHAVANAGAR NAUBAD, TQ. AND DIST. BIDAR. ...APPELLANT (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. JAGANATH S/O SHIVARAJ, R/O 3/211, BANDI BALL ROAD, BEEMALKHED, TQ: HUMNABAD, DIST. BIDAR-585 401, (OWNER OF THE MARUTHI BALENO CAR BEARING NO.KA-03/NA-4358). - - 2 2 . THE MANAGER, THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, NEW INDIA INSURANCE CO. LTD., H.NO.8-9-265/313, 1ST FLOOR, PDMA KUNJA COMPLEX, ABOVE IDIBI BANK, UDGIR ROAD, BIDAR-585 401. …RESPONDENTS (BY SRI. SUDARSHAN M., ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCED THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 19.10.2022 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC-BIDAR AND MACT AT BIDAR, IN MVC NO. 465/2021. 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. 1,75,000/- (Rupees One Lakh Seventy Five 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 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 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 SMP