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2025 Supreme(Online)(Kar) 33344

KARNATAKA HIGH COURT
SHRI KIRAN S/O MARUTI MOTAR – Appellant
Versus
MR SUBHAS S/O NILAKANTH CHOUGULE – Respondent
MFA 104745 / 2024



HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S G PANDIT AND SHRI GOPAL B. PATIL, MEMBER M.F.A.No.104745/2024 (MV-I)

LOK ADALAT No.347/2025 BETWEEN:

SHRI KIRAN, S/O MARUTI MOTAR, AGE. 23 YEARS, OCC. ELECTRICIAN WORK, NOW NIL, R/O. 725/1, GURAV GALLI, TQ. KHANAPUR, DIST. BEALGAVI-591302.

...APPELLANT (BY SHRI HANAMANT R. LATUR, ADVOCATE)

AND:

1 . MR. SUBHAS, S/O NILAKANTH CHOUGULE, AGE. 58 YEARS, OCC. BUSINESS, R/O. 66A, HALAKARNI, TQ. KHANAPUR, DIST. BELAGAVI-591302.

2 . THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD, 2ND FLOOR, PRABHU BUILDING, 1732, RAMADEV GALLI, BELAGAVI-590001.

…RESPONDENTS (BY SHRI S.S. JOSHI, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.07.2024 PASSED IN MVC NO.2389/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER Learned counsel for claimant and representative of respondent No.2-Insurance Company along with its counsel are present.

2. After prolonged negotiations, matter is settled.

Claimant has agreed to receive and respondent No.2-Insurance Company has agreed to pay a global compensation of Rs.1,65,000/- (One Lakh Sixty-five Thousand rupees 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. Respondent No.2-Insurance Company has agreed to deposit the said amount before Tribunal within eight 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.

4. On deposit, the entire amount shall be released in favour of claimant forthwith.

5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly.

Sd/-

JUDGE Sd/-

MEMBER KMS,CT:VP

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