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2025 DAILYLAW 10155 (KAR)

MOULA PATEL AND ANR v. BABURAYA AND ORS

MFA/202132/2023 · 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. 202132/2023 (MV) Lok Adalat No.121/2025 BETWEEN 1. MOULA PATEL S/O NABEE SAB PATEL AGE: 52 YEARS, OCC: MARABLE MASON, 2. SMT. IMAMBEE W/O MOULA PATEL AGE: 50 YEARS, OCC: HOUSEHOLD, BOTH ARE R/O H.NO.E-10-591, TEMPLE ROAD, YANKAVVA MARKET, BRAHAMPUR, KALABURAGI. ...APPELLANTS (BY SRI KRUPA SAGAR PATIL, ADVOCATE) AND 1. BABURAYA S/O SIDRAM KOBAL AGE: 44 YEARS, OCC: OWNER OF FORD FIGO CAR BEARING NO.KA.32/Z-3158, R/O H.NO.1/18, NEAR GUDI HARNOOR, JEWARGI, DIST: KALABURAGI – 585310. 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., THROUGH ITS LEGAL MANAGER, KISHAN KRUPA BUILDING, 2ND FLOOR, OPP: KANNADA BHAVAN, STATION ROAD, KALABURAGI – 585102. - 2 - 3. REVANSIDDAPPA S/O RACHAYYA GOTRI AGE: 67 YEARS, OCC: AGRICULTURE & OWNER OF MAHINDRA TRACTOR & TROLLEY BEARING NO.KA.32/TA-3474/3475, R/O LAD-MUGLI, TQ. KAMALAPUR, DIST: KALABURAGI – 585107. 4. UNITED INDIA INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, 2ND FLOOR, CENTURY COMPLEX, OPP: SANGAM TALKIES, SUPER MARKET, KALABURAGI – 585103. …RESPONDENTS (BY SRI SUDARSHAN .M, ADV. FOR R2; SRI RAHUL R. ASTURE, 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 JUDGMENT AND AWARD DATED 23.08.2022, PASSED BY THE 1ST ADDL. SENIOR CIVIL JUDGE & MACT AT KALABURAGI, IN FILE BEARING M.V.C. NO.406/2021, BY ENHANCING 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 Companies along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/Claimant has agreed to receive and the Respondent Nos.2 and 4-Insurance Companies have agreed to pay a lump-sum of compensation of Rs.50,000/- (Rupees Fifty - 3 - Thousand only), 50% each, 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 Claimants. 4. The Respondent Nos.2 and 4-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. 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