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2025 DAILYLAW 12015 (KAR)

HAZARAT BEE AND ANR v. MOHAMMED YUNUS AND ANR

MFA/200682/2024 · 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.200682 of 2024 (MV-D) Lok Adalat No.168/2025 BETWEEN 1. SMT. HAZARAT BEE W/O MOHAMMED RAFIK MULLA, AGE: 50 YEARS, OCC: COOLIE, 2. IMAMABEE W/O KHADAR SAB MULLA, AGE: 73 YEARS, OCC: COOLIE, BOTH ARE R/O RANJANAGI VILLAGE, TQ. JEWARGI, DIST. KALABURAGI-585 310. ...APPELLANTS (BY SRI PUNITH MARKAL, ADVOCATE) AND 1. MOHAMMED YUNUS S/O MOHAMMED GOUSE, AGE: MAJOR, OCC: BUSINESS, R/O NO. E/5/3232/1, H.NO. 5-992/45/A, TIPPU SULTAN CHOWK, NEAR AYESHA MASJID, YADULLA COLONY, KALABURAGI-586 104. - - 2 2. THE HDFC-ERGO GEN. INS. CO. LTD., UNIT NO. 108, 109, 110 AND 111, 1ST FLOOR, GENEVAL HOUSE, NO. 14, CUNNINGHAM ROAD, BENGALURU-560 052. …RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 26.12.2022 PASSED IN MVC NO.681/2020 ON THE FILE THE COURT OF THE SENIOR CIVIL JUDGE AND MACT NO.XV, JEWARGI AT JEWARGI. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT BY RS.11,08,000/- ONLY AS CLAIMED BY THE APPELLANTS AND ETC., 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 compensation of Rs.5,00,000/- (Rupees Five Lakhs 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. The same is accepted. - - 3 3. The apportionment, deposit and release of the compensation amount will be 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 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 SBS