- - 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.200285 of 2021 (MV-I) C/W. M.F.A. NO. 200007 of 2020 (MV-I) Lok Adalat No.157/2025 IN M.F.A. NO. 200285/2021: BETWEEN: PRABHU S/O MALLESHI KOLI, AGE: 55 YEARS, OCC: GOVT. SERVICE, I.E., DRIVER IN NWRTC, R/O NEAR RUKMANGAD SCHOOL, J.M. ROAD, VIJAYAPUR-586 101 ...APPELLANT (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. KHAJAAB S/O MEHABOOBAB SHIKKALAKAR, AGE: 45 YEARS, OCC: BUSINESS AND OWNER OF TRAILER LORRY NO. KA-28/A-7602, R/O WARD NO.24, KAMAN KHAN BAZAR, YADAVANNAVAR GALLI, VIJAYAPUR, DIST. VIJAYAPUR-586 101. - - 2 2. THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., S-5, 2ND FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU-560 001, (INSURER OF TRAILER LORRY NO.KA-28/A 7602). …RESPONDENTS (BY SRI R.V. BHAVIKATTI, ADVOCATE, FOR R1; SRI SUDARSHAN M., ADVOCATE, FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE IV ADDL. DIST. AND SESSIONS JUDGE AND MEMBER OF MACT NO.XIII, VIJAYAPUR AT VIJAAPUR IN MVC NO. 1388/2015 DATED 27.08.2019 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT. IN M.F.A. NO. 200007/2020: BETWEEN: THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., S-5, 2ND FLOOR MONARCH CHAMBER, INFANTY ROAD, BENGALURU-560 001, (INSURER OF THE TRAILER LORRY NO.KA-28/A-7602). PRESENTLY REPRESENTED BY, ITS AUTHORIZED SIGNATORY, BRANCH MANAGER, SHRIRAM GENERAL INSRUANCE CO. LTD., NO. 5/4, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI ROAD, IIMB POST, BENGALURU-560 076. ...APPELLANT (BY SRI SUDARSHAN M., ADVOCATE) - - 3 AND: 1. PRABHU S/O MALLESHI KOLI, AGE: 54 YEARS, OCC: GOVT. SERVICE, DRIVER IN NWRTC , R/O NEAR RUKMANGAD SCHOOL, J.M. ROAD, VIJAYAPUR-586 101. 2. KHAJAAB S/O MEHABOOBAB SHIKKALAKAR, AGE: 44 YEARS, OCC: BUSINESS & OWNER OF THE TRAILER LORRY NO.KA-28/A-7602, R/O WARD NO. 24, KAMAN KHAN BAZAR, YADAVANNAVARA GALLI, VIJAYAPUR, DIST. VIJAYAPUR-586 101. …RESPONDENTS (BY SRI SANGANABASAVA B. PATIL, ADVOCATE, R1; SRO R.V. BHAVIKATTI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.08.2019 PASSED IN MVC NO.1388/2015 BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-XIII, VIJAYAPUR. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER Accepting the reasons stated in the accompany affidavit, the I.A. No.1/2024 is allowed. The delay of 77 days in filing the appeal in MFA No.200285/2021 is condoned. - - 4 2. The learned counsel for the Petitioner/Claimant and the representative of Respondent-Insurance Company along with its counsel are present. 3. After prolonged negotiations, the matter is settled. The Petitioner/Claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.40,000/- (Rupees Forty 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. 4. The entire amount shall be released in favour of the Claimant. 5. 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. 6. The MFA No.200285/2021 stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. - - 5 7. In view of the settlement arrived in MFA No.200285/2021 filed by the Claimant, the MFA No.200007/2020 filed by the Insurance Company also stands disposed of. 8. Draw up the award accordingly. Sd/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SBS