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2025 DAILYLAW 10158 (KAR)

MAHIBOOB S/O AHMEDMIYA v. BABA PATEL S/O LADLE PATEL AND ANR

MFA/202005/2023 · 2025-03-08

Lok Adalath

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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 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL AND SRI LIYAQAT FAREED USTAD, MEMBER M.F.A. NO. 202005/2023 (MV) Lok Adalat No.50/2025 BETWEEN MAHIBOOB S/O AHMEDMIYA AGE: 44 YEARS, OCC: BUSINESS, NOW NIL, R/O RAWOOR, TQ. CHITTAPUR, DIST. KALABURAGI. …APPELLANT (BY SRI SANJEEV PATIL, ADVOCATE) AND 1. BABA PATEL S/O LADLE PATEL AGE: MAJOR, OCC: OWNER OF LORRY BEARING NO.KA-32/D-6579, R/O H.NO.E-46, MILLATH NAGAR, SHAHABAD, TQ. CHITTAPUR, DIST. KALABURAGI – 585211. 2. THE SHRIRAM GENERAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, E-8, EPIP SITAPUR INDUSTRIAL AREA, JAIPUR, RAJASTHAN – 302002. POLICY NO.10003/31/21/240154 W.E.F. 22-09-2020 TO 21-09-2021. …RESPONDENTS (BY SMT. PREETI PATIL, ADVOCATE FOR R2 NOTICE TO R1 DISPENSED WITH) - 2 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.09.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE & MACT AT CHITTAPUR IN MVC NO.692/2021 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, AND 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.50,000/- (Rupees Fifty 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. - 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