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2025 DAILYLAW 11940 (KAR)

MASTANSAB AND ANR v. ASIF AND ANR

MFA/203970/2023 · 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 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.203970 of 2023 (ECA) Lok Adalat No.13/2025 BETWEEN 1. SRI. MASTANSAB S/O BABUMIYAN, AGE: 50 YEARS, OCC: LABOUR, 2. SMT. NASEERA BEGUM W/O MASTANSAB, AGE: 48 YEARS, OCC: HOUSEHOLD, BOTH ARE R/O VILLAGE CHANGLER, TQ. HUMNABAD, DIST. BIDAR, KARNATAKA-585 227. ...APPELLANTS (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND 1. SRI. ASIF S/O ABDUL GAFOOR KOKA, AGE: MAJOR, OCC: TRANSPORT BUSINESS, R/O NEAR GOVERNMENT PRIMARY SCHOOL, MOHAMMED NAGAR, HALLIKHED-B, TQ. HUMNABAD-585 414, (OWNER OF MINI GOODS VEHICLE BEARING NO. KA-39/8824). 2 2. M/S CHOLA MS GENERAL INSURANCE CO. LTD., NO. 31-3/1G/A, KING COMPLEX, STATION ROAD, KALABURAGI-585 102. (VALID POLICY NO.3379/02592254/000/00 VALID FROM 10.01.2020 TO 09.01.2021). ..RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; (V/O DTD. 05.01.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 11-01-2023 PASSED BY THE II ADDL SENIOR CIVIL JUDGE AND JMFC., BIDAR IN ECA NO.3/2020. 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 Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.1,35,000/- (Rupees One Lakh Thirty Five 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 Claimants. 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