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2025 DAILYLAW 11676 (KAR)

CHANDRAKALA AND ORS v. MD. SADHULLA AND ANR

MFA/203475/2024 · 2025-03-08

Lok Adalath

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Judgment text

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- - 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.203475 of 2024 (MV-D) Lok Adalat No.31/2025 BETWEEN 1. CHANDRAKALA W/O LATE KAILAS GIRI, AGED ABOUT 34 YEARS, OCC: HOUSEHOLD, 2. ROHIT GIRI D/O LATE KAILAS GIRI, AGED: 15 YEARS, OCC: STUDENT, 3. ROHAN GIRI D/O LATE KAILAS GIRI, AGED ABOUT13 YEARS, OCC: STUDENT, 4. PAVAN GIRI S/O LATE KAILAS GIRI, AGED ABOUT 11 YEARS, OCC: STUDENT, 5. MOHAN GIRI S/O LATE KAILAS GIRI, AGED ABOUT 06 YEARS, OCC STUDENT, 6. LAXMI D/O KAILAS GIRI, AGED ABOUT 05 YEARS, OCC: STUDENT, 7. DEV GIRI S/O NAGINDAR, AGED ABOUT 68 YEARS, OCC: NIL, 8. SUNITA W/O DEV GIRI, AGED ABOUT 53 YEARS, OCC: HOUSEHOLD, ALL ARE R/AT VILLAGE GHOGGA, - - 2 TQ. BASAVAKALYAN, DIST BIDAR-585 327. ...APPELLANTS (BY SRI. B.C. JAKA, ADVOCATE) AND 1. MD. SADHULLA S/O MD. MAQBOOL SAB, AGED: MAJOR, OCC: BUSINESS AND OWNER OF ASHOK LEYLAND LORRY BEARING REG NO.KA.39/7420, R/AT H.NO.7/57, VILLAGE RAJESHWAR, TQ. BASAVAKALYAN, DIST. BIDAR-585 327. 2. THE DIVISIONAL MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., OFFICE 1ST FLOOR, VIRUPASHAKAPUR, OPP. KIMS MAIN GATE, R.B. ROAD, VIDYANAGAR, HUBLI-580 021, THROUGH POLICY NO.2315 2034 9819 9700 000 , VALID FROM 18-08-2020 TO 17-08-2021. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; V/O DTD. 05.12.2024, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 26.02.2024, IN M.V.C. No. 414/2021, PASSED BY THE II ADDL. DIST. AND SESSIONS COURT AND ADDL. MACT, BIDAR, SITTING AT BASAVAKALYAN AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION OF RS.14,76,800/- WITH INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: - - 3 CONCILIATION ORDER The learned counsel for the Appellants/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.14,00,000/- (Rupees Fourteen Lakh 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 apportionment, deposit and release is as per the order of the Tribunal. 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 - - 4 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 sdu