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.201160 of 2023 (MV-I) Lok Adalat No.11/2025 BETWEEN
SALMAN S/O MD. ILIYAS, AGE: 25 YEARS, OCC: MILK VENDOR (NOW NIL), R/O H.NO.4-5-201, KANAKA NAGAR, YADGIRI, TQ. AND DIST. YADAGIRI. ...APPELLANT
(BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE)
AND
1.
DEVAPPA S/O BASALINGAPPA
AGE: 47 YEARS, OCC: OWNER OF TATA ACE,
BEARING REG. NO.KA-33/B-1045,
R/O BENKANAHALLI,
TQ. SHAHAPUR, DIST. YADAGIRI-585 290.
2.
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.,
UNIT NO.4, 9TH FLOOR, GOLDEN HEIGHT COMPLEX,
59TH C CROSS INDUSTRIAL SUBURB, RAJAJI NAGAR,
4TH MAIN BLOCK BANGALORE-560 010,
THROUGH ITS MANAGER.
…RESPONDENTS
2 (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2;
(V/O DTD. 28.06.2023, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 17.08.2022 IN MVC NO.212/2020 PASSED BY THE MEMBER MACT-II, AT YADAGIRI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:
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 Appellant/Claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.70,000/- (Rupees Seventy 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. The entire amount shall be released in favour of the Claimants.
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)
SMP