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2025 DAILYLAW 12098 (KAR)

HAZARAT BEE AND ANR v. MOHAMMAD AND ANR

MFA/200387/2024 · 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO. 200387 OF 2024 (MV) Lok Adalat No.199/2025 BETWEEN: 1. SMT. HAZARAT BEE W/O MITTESAB MULLA AGE: 50 YEARS, OCC: HOUSEHOLD, R/O RANJANAGI VILLAGE, TALUK: JEWARGI, DIST: KALBURAGI. 2. SMT. IMAMABEE W/O MITTESAB MULLA AGE: 74 YEARS, OCC: PRIVATE WORK, R/O RANJANAGI VILLAGE, TALUK: JEWARGI, DIST: KALABURAGI. ...APPELLANTS (BY SRI PUNITH MARKAL, ADVOCATE) AND: 1. MOHAMMAD YUNUS S/O MOHAMMAD GOUSE AGE: MAJOR, OCC: BUSINESS, R/NO.E/5/3232/1, H.NO.5-992/45/A, TIPPU SULTAN CHOWK, NEAR AYESHA MASJID, YADULLA COLONY, KALABURAGI – 585104. 2. HDFC-ERGO GENERAL INSURANCE CO. LTD. UNIT NO.108, 109, 110 & 111, 1ST FLOOR, GENEVAL HOUSE NO.14, CUNNINGHAM ROAD, BENGALURU – 01. …RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2) - 2 - THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIGY THE JUDGMENT AND AWARD DATED 26.12.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE & MACT XV AT JEWARGI, IN MVC NO.680/2020 BY AWARDING APPROPRIATE AND ADEQUATE COMPENSATION AS PRAYED 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.2,25,000/- (Rupees Two Lakh Twenty Five Thousand 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 entire amount shall be released in favour of both 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER msr