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2025 DAILYLAW 9801 (KAR)

AKASH v. SANJU AND ORS

MFA/200539/2020 · 2025-04-26

Lok Adalath

body2025

Judgment text

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- - 2 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE SPECIAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI SUDHEER KULKARNI, MEMBER M.F.A. NO.200539 OF 2020 (MV) Lok Adalat No.203/2025 BETWEEN: AKASH S/O DAYANAND MEHTRE, AGE: 25 YEARS, OCC: STUDENT, R/O H.NO.102 KANGATHI VILLAGE, POST CHIMKODD TQ & DIST: BIDAR-585402. ...APPELLANT (BY SRI BASAVARAJ R MATH, ADVOCATE) AND 1. SANJU S/O BABU, AGE: 31 YEARS, OCC: DRIVER CUM OWNER OF AUTOR RICKSHAW, R/O KANGATHI VILLAGE, POST: CHIMKOD, TQ & DIST: BIDAR-585402. 2. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., R/BY ITS BRANCH MANAGER MAIN ROAD, NEAR AMBEDKAR CIRCLE, BIDAR-585401. 3. UPPEN RAJAPPA S/O CHENBASAPPA, AGE:MAJOR OCC: BUSINESS, R/O H.NO.1-74/3, CHALKI MANDAL, NYALKAL, DIST. MEDAK – 502110. - - 3 4. DIVISIONAL MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD., REG. OFFICE, PENINSULA BUSINESS PARK, TOER-A 15TH FLOOR, GANPATRAO KADAM MARG, OFFICE SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI – MAHARASHTRA, INDIA – 400003. …RESPONDENTS (BY SRI S.S. ASPALLI, ADV. FOR R2; SRI SANJAY M. JOSHI, ADV. FOR R4; NOTICE TO R1 & R3 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 06.10.2018 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, BIDAR IN MVC NO.200/2014. 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 Respondents-Insurance Companies along with their respective counsel are present. 2. The learned counsel for the Appellant/Claimant as well as the learned counsel for the respondents No.2 and 4 jointly submits that the matter is settled for Rs.1,00,000/- and Rs.50,000/- shall be paid by respondent No.2 and Rs.50,000/- shall be paid by respondent No.4. The said submission is placed on record. The joint memo filed by the learned counsel for the appellant and respondent No.4 is taken on record. The same is accepted. - - 4 3. It is submitted by the learned counsel for the respondent No.2 that he would file the joint memo within a period of one week. The said submission is taken on record. 4. In view of the aforesaid submissions and the joint memo, the appeal is settled. All such deposit amount by the respondents No.2 and 4 shall be released in favour of the Claimant. 5. The Respondents-Insurance Companies have 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. 6. 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/- (SUDHEER KULKARNI) MEMBER MCR