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.201501 of 2024 (MV) Lok Adalat No.42/2025
BETWEEN:
MAHANTESH S/O UMAKANT RAGATE, AGE: 27 YEARS, OCC: AGRICULTURE/COOLIE, RESIDENCE OF DHARMPET, MANTHAL, TALUKA: BASAVAKALAYAN, DISTRICT: BIDAR-585327. ...APPELLANT (BY SRI SACHIN M MAHAJAN, ADVOCATE)
AND:
1.
KHUBA RATHOD S/O KASHINATH,
AGE: 43 MAJOR, OCC: BUSINESS,
RESIDENCE OF AT ROOM NO. 667,
DAHANUKAR COLONY, LAXMI NAGAR,
KOTHRUD, PUNE-411038.
2.
THE DIVISION MANAGER NATIONAL
INSURANCE COMPANY
OPP. MINI VIDHAN SOUDHA,
KALABURAGI-585102. …RESPONDENTS (BY SRI UDAY HONGUNTIKAR; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 31.01.2025
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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING THAT TO CALL FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 06.06.2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT BIDAR SITTING AT BASAVAKALYAN, IN MVC NO. 50/2020 ALLOW THE CLAIM PETITION BY AWARDING FAIR AND JUST COMPENSATION BY ALLOWING THE APPEAL.
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.3,40,000/- (Rupees Three Lakhs Forty 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
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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/- (VIJAYKUMAR A. PATIL) JUDGE
Sd/- (LIYAQAT FAREED USTAD) MEMBER
NJ