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2025 DAILYLAW 10004 (KAR)

GANESH v. MIRZA FARHAT ULLA BAIG AND ANR

MFA/202158/2024 · 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 VIJAYKUMAR A.PATIL AND SRI LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.202158 of 2024 (MV) Lok Adalat No.58/2025 BETWEEN: GANESH S/O BABURAO SHEELVANTH @ KOTE, AGE: 34 YEARS, OCC: GOLDSMITH WORK, NOW NIL, R/O VITHOBA GALLI, BASAVAKALYAN, DIST BIDAR-584101. ...APPELLANT (By SRI SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. MIRZA FARHAT ULLA BAIG, S/O MIRZA NOOR ULLA BAIG, AGE: MAJOR, OCC: BUSINESS AND OWNER OF CAR BEARING NO KA-38/M-4318, R/O H.NO.4-2-104 GOLEKHAN, TALUK AND DIST BIDAR-584101. 2. THE MANAGER, SRIRAM GENERAL INSURANCE CO LTD., E-8 RIICO INDUSTRIAL AREA SITAPUR, JAIPUR, RAJASTHAN-302022. …RESPONDENTS (BU SRI SUBHASH MALLAPUR, ADVOCATE FOR R2 NOTICE TO R1 DISPENSED WITH) - 2 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING BE PLEASED TO CALL FOR THE RECORD AND MODIFY THE JUDGMENT AND AWARD DATED 02-12-2023 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, BASAVAKALYAN IN MVC NO. 665/2016, AND ENHANCE THE COMPENSATION. 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.2,00,000/- (Rupees Two Lakh 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. - 3 - 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER msr