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2025 DAILYLAW 11900 (KAR)

M. SHEKHAR v. RAJU AND ORS

MFA/203719/2023 · 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 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. 203719/2023 (MV) Lok Adalat No.49/2025 BETWEEN M. SHEKHAR S/O ANJINAYYA AGE: 28 YEARS, OCC: PVT. EMPLOYEE, R/O H.NO.8-11-180/316/219, DEVINAGAR, RAICHUR. …APPELLANT (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE) AND 1. RAJU S/O BALAKRISHNA AGE: 28 YEARS, OCC: DRIVER OF ASHOK LEYLAND DOST NO.KA-36/B-1139, R/O H.NO.12-7-253, SIYA TALAB, RAICHUR – 584101. 2. SIKANDAR S/O KUTUBHUDDIN AGE: 38 YEARS, OCC: OWNER OF ASHOK LEYLAND DOST NO.36/B-1139, R/O H.NO.12-7-48/10, SIYA TALAB, RAICHUR – 584101. - 2 - 3. THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.116A, 1ST FLOOR, OPP: MAYURA LODGE, BALLARI, DIST. BALLARI – 583101. POLICY NO.10003/31/20/000656 VALID FROM 13-4-2019 TO 12-4-2020. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R2 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.02.2023 PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE & MACT AT RAICHUR IN MVC NO.326/2020 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.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. Same is accepted. - 3 - 3. The entire amount shall be released in favour of the Claimant. 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