- 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. 200562 OF 2018 (MV) C/W M.F.A. NO. 200561 OF 2018 M.F.A. NO. 200564 OF 2018 M.F.A. CROB NO. 200075 OF 2018 M.F.A. CROB NO. 200076 OF 2018 Lok Adalat No.178/2025 IN M.F.A. NO.200562/2018: BETWEEN: THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., BASAVAKALYAN, TQ: BASAVAKALYAN, DIST. BIDAR. (THROUGH AUTHORISED SIGNATORY) ...APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND: 1. UMNE RUMMAN D/O LATE MD. AJMATH AGE: 10 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. - 2 - 2. ABUBUKAR S/O LATE MD. AJMATH AGE: 09 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 3. SYED JAVEED S/O LATE MD. AJMATH AGE: 08 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 4. SYED MUNIRODDIN @ MD. MUNIRODDIN GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 5. RAZIYA BEGUM W/O SYED MUNIRODDIN @ MD. MUNIRODDIN, AGE: 54 YEARS, OCC: H.HOLD, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 6. VEERSHETTY S/O MANIKAPPA AGE: MAJOR, OCC: OWNER OF LORRY NO. MH-34/A-5917, R/O H.NO.104, VILLAGE KADWAD, TQ & DIST. BIDAR – 585401. 7. ABDUL RAZIQ S/O SYED HAJI AGE: MAJOR, OCC: OWNER OF CAR NO. MH.04/BK-2524, R/O MASUM PASHA COLONY, GUNJ, BHALKI, DIST. BIDAR – 585401. 8. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., UDGIR, TQ: UDGIR, DIST. LATUR (M.S) – 413517. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1 TO R5; NOTICE TO R6 IS DISPENSED WITH; SRI. S. S. ASPALLI, ADV FOR R8; NOTICE R7 IS HELD SUFFICIENT ) - 3 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE JUDGMENT & AWARD DATED 21.10.2017, IN MVC NO.549/2013 PASSED BY THE ADDL. MACT & ADDL. DIST. JUDGE, BIDAR. IN M.F.A NO.200561/2018: BETWEEN: THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., BASAVAKALYAN, TQ: BASAVAKALYAN, DIST. BIDAR. (THROUGH AUTHORISED SIGNATORY) ...APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND: 1. UMNE RUMMAN D/O LATE MD. AJMATH AGE: 10 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 2. ABUBUKAR S/O LATE MD. AJMATH AGE: 09 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 3. SYED JAVEED S/O LATE MD. AJMATH AGE: 08 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. - 4 - 4. SYED MUNIRODDIN @ MD. MUNIRODDIN S/O ABDUL GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 5. RAZIYA BEGUM W/O SYED MUNIRODDIN @ MD. MUNIRODDIN, AGE: 54 YEARS, OCC: H.HOLD, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 6. VEERSHETTY S/O MANIKAPPA AGE: MAJOR, OCC: OWNER OF LORRY NO. MH-34/A-5917, R/O H.NO.104, VILLAGE KADWAD, TQ & DIST. BIDAR – 585401. 7. ABDUL RAZIQ S/O SYED HAJI AGE: MAJOR, OCC: OWNER OF CAR NO. MH.04/BK-2524, R/O MASUM PASHA COLONY, GUNJ, BHALKI, DIST. BIDAR – 585401. 8. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., UDGIR, TQ: UDGIR, DIST. LATUR (M.S) – 413517. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1 TO R5; SRI. MOHD. VIKHARUDDIN, ADV FOR R7; SRI. S. S. ASPALLI, ADV FOR R8;) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE JUDGMENT & AWARD DATED 21.10.2017, IN MVC NO.657/2013 PASSED BY THE ADDL. MACT & ADDL. DIST. JUDGE, BIDAR. IN M.F.A. NO.200564/2018: BETWEEN: THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., BASAVAKALYAN, TQ: BASAVAKALYAN, DIST. BIDAR. (THROUGH AUTHORISED SIGNATORY) ...APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) - 5 - AND: 1. ABUBUKAR S/O LATE MD. AJMATH AGE: 10 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 2. VEERSHETTY S/O MANIKAPPA AGE: MAJOR, OCC: OWNER OF LORRY NO. MH-34/A-5917, R/O H.NO.104, VILLAGE KADWAD, TQ & DIST. BIDAR – 585401. 3. ABDUL RAZIQ S/O SYED HAJI AGE: MAJOR, OCC: OWNER OF CAR NO. MH.04/BK-2524, R/O MASUM PASHA COLONY, GUNJ, BHALKI, DIST. BIDAR – 585401. 4. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., UDGIR, TQ: UDGIR, DIST. LATUR (M.S) – 413517. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1; SRI. S. S. ASPALLI, ADV FOR R4; NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE JUDGMENT & AWARD DATED 21.10.2017, IN MVC NO.550/2013 PASSED BY THE ADDL. MACT & ADDL. DIST. JUDGE, BIDAR. IN M.F.A. CROB NO.200075/2018: BETWEEN: 1. UMNE RUMMAN D/O LATE MD. AJMATH AGE: 11 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. - 6 - 2. ABUBUKAR S/O LATE MD. AJMATH AGE: 10 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 3. SYED JAVEED S/O LATE MD. AJMATH AGE: 09 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 4. SYED MUNIRODDIN @ MD. MUNIRODDIN GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 5. RAZIYA BEGUM W/O SYED MUNIRODDIN @ MD. MUNIRODDIN, AGE: 55 YEARS, OCC: H.HOLD, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. (CROSS OBJECTORS) (SRI BABU H. METAGUDDA, ADV) AND: 1. VEERSHETTY S/O MANIKAPPA AGE: MAJOR, OCC: OWNER OF LORRY NO. MH-34/A-5917, R/O H.NO.104, VILLAGE KADWAD, TQ & DIST. BIDAR – 585401. 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., BASAVAKALYAN, TQ: BASAVAKALYAN, DIST. BIDAR – 584101. 3. ABDUL RAZIQ S/O SYED HAJI AGE: MAJOR, OCC: OWNER OF CAR NO. MH.04/BK-2524, R/O MASUM PASHA COLONY, - 7 - GUNJ, BHALKI, DIST. BIDAR – 585401. 4. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., UDGIR, TQ: UDGIR, DIST. LATUR (M.S) – 413517. …RESPONDENTS (BY SRI SUBASH MALLAPUR, ADV FOR R2; SRI SHIVANAND PATIL, ADV FOR R4; NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO ALLOW THIS CROSS OBJECTION AND MODIFY THE JUDGMENT AND AWARD DATED 21.10.2017 PASSED IN MVC NO.549/2013 BY THE ADDL. M.A.C.T. AND ADDITIONAL DISTRICT JUDGE. AT BIDAR. AND ENHANCING THE COMPENSATION FROM RS.8,31,000/- WITH 6% INTEREST TO RS.50,00,000/- WITH 12% INTEREST. IN M.F.A. CROB NO.200076/2018: BETWEEN: 1. UMNE RUMMAN D/O LATE MD. AJMATH AGE: 11 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 2. ABUBUKAR S/O LATE MD. AJMATH AGE: 10 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. 3. SYED JAVEED S/O LATE MD. AJMATH AGE: 09 YEARS, M/U/G OF HER REAL PATERNAL, GRAND FATHER, SYED MUNIRODDIN @ MD. MUNIRODDING GAFFUR SAB, AGE: 62 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST: BIDAR – 585401. - 8 - 4. SYED MUNIRODDIN @ MD. MUNIRODDIN GAFFUR SAB, AGE: 63 YEARS, OCC: MECHANIC, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. 5. RAZIYA BEGUM W/O SYED MUNIRODDIN @ MD. MUNIRODDIN, AGE: 55 YEARS, OCC: H.HOLD, R/O MASUM PASHA COLONY, GUNJ, BHALKI, TQ: BHALKI, DIST. BIDAR – 585401. (CROSS OBJECTORS) (SRI BABU H. METAGUDDA, ADV) AND: 1. VEERSHETTY S/O MANIKAPPA AGE: MAJOR, OCC: OWNER OF LORRY NO. MH-34/A-5917, R/O H.NO.104, VILLAGE KADWAD, TQ & DIST. BIDAR – 585401. 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., BASAVAKALYAN, TQ: BASAVAKALYAN, DIST. BIDAR – 584101. 3. ABDUL RAZIQ S/O SYED HAJI AGE: MAJOR, OCC: OWNER OF CAR NO. MH.04/BK-2524, R/O MASUM PASHA COLONY, GUNJ, BHALKI, DIST. BIDAR – 585401. 4. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., UDGIR, TQ: UDGIR, DIST. LATUR (M.S) – 413517. …RESPONDENTS (BY SRI SUBASH MALLAPUR, ADV FOR R2; SRI J AUGUSTIN, ADV FOR R4; NOTICE TO R3 IS HELD SUFFICIENT; NOTICE TO R1 DISPENSED WITH) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO ALLOW THIS CROSS OBJECTION AND MODIFY THE JUDGMENT AND AWARD DATED 21.10.2017 PASSED IN MVC NO.657/2013 BY THE ADDL. M.A.C.T. AND ADDITIONAL DISTRICT JUDGE. AT BIDAR. AND ENHANCING - 9 - THE COMPENSATION FROM RS.11,30,000/- WITH 6% INTEREST TO RS.86,00,000/- WITH 12% INTEREST. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellant/ Insurance Company and the representative of Respondent - Claimants along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/ Insurance Company has agreed to pay and the Claimants have agreed to receive a lump-sum of compensation of Rs.12,00,000/- (Rupees Twelve Lakhs only) in MFA Crob.No.200075/2018 and Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) in MFA Crob. No. 200076/2018, as against 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 order of apportionment, release and deposit of compensation ordered by the Tribunal shall hold good for the compensation awarded in this appeal. - 10 - 4. The Appellant/ 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 MFA Crob. No.200075/2018 and MFA Crob. No.200076/2018 stand disposed off in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. 6. In view of the settlement arrived in MFA Crob. No.200075/2018 and MFA Crob. No.200076/2018, MFA Nos. 200562/2018, 200561/2018 and 200564/2018 are also disposed off. 7. The amount in deposit shall be transferred to the concerned Tribunal. Sd/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ