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2025 DAILYLAW 10698 (KAR)

SRI.SURESH v. SRI.HAMJAHUSSEN AND ANR

MFA/201342/2019 · 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.201342 of 2019 (MV-I) Lok Adalat No.167/2025 BETWEEN SRI. SURESH S/O SHARANAPPA ANGADI, AGED ABOUT 33 YEARS, OCC: AGRICULTURE, R/O PLOT NO.12, SADASHIV NAGAR, ASHRAM ROAD, VIJAYAPUR. ...APPELLANT (BY SRI. S.S. MAMADAPUR, ADVOCATE) AND 1. SRI. HAMJAHUSSEN S/O MADARSAB KANNUR, AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O NO. 123, H.NO.25, NEAR DHANAVANTRI HOSPITAL, VIJAYAPUR-586 101. 2. THE MANAGER LEGAL, RELIANCE GENERAL INS. CO. LTD., DESHPANDE NAGAR, DESAI CROSS, HUBLI-580 020. …RESPONDENTS (BY SRI KOUJALAGI C.L., ADV. FOR R1; SMT PREETI PATIL MELKUNDI, ADV. FOR R2) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE COMPENSATION AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 12.04.2019 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER MACT-V, VIJAYAPURA IN MVC NO.89/2018. 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.2,50,000/- (Rupees Two Lakh 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. The 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/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SMP