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2025 DAILYLAW 10201 (KAR)

THE BRANCH MANAGER v. SYED SAB AND ORS

MFA/202300/2023 · 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 C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.202300 of 2023 (MV-D) Lok Adalat No.76/2025 BETWEEN THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., 1ST FLOOR, ASIAN BUSINESS CENTRE KALABURAGI, THROUGH MANAGER LEGAL. ...APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND 1. SYED SAB S/O IMAM SAB TADAPALLI, AGE: 47 YEARS, OCC: COOLIE, 2. KHASIM SAB S/O SYED SAB TADAPALLI, AGE: 19 YEARS, OCC: NIL, 3. IMAM SAB S/O SYED SAB TADAPALLI, AGE: 18 YEARS, OCC: NIL, RESPONDENT NO.2 AND 3 ARE REPRESENTED BY RESPONDENT NO.1, ALL R/O BOLEWAD VILLAGE, TQ. AND DIST. KALABURAGI. - - 2 4. MALLAPPA S/O KUPPANNA KANTIKAR, AGE: 31 YEARS, OCC: AGRICULTURE AND OWNER OF VEHICLE BEARING NO. KA-32-EL-1620, R/O BOLEWAD VILLAGE, TQ. AND DIST. KALABURAGI. …RESPONDENTS (BY SRI. SANTOSH BIRADAR, ADV. FOR R1 TO R3) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 24.11.2022 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO.39/2021 AND TO MODIFY THE COMPENSATION AWARDED AND TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS. 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 a sum of Rs.21,00,000/- (Rupees Twenty One Lakh only) (in total) instead of Rs.22,40,664/- (Rupees Twenty Two Lakh Fourty Thousand Six Hundred Sixty Four only) 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 3. The order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 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/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SMP