MR SYED MOHAMMED HUSSAIN @ MOHAMMED HUSSION S v. SRI SHIVAKUMAR M
MFA/6052/2023 · 2025-01-21
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45645 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45645 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY 2025
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER
M.F.A.No. 6052/2023 (MV) (Lok Adalat No. 33/2025) BETWEEN
Mr. Syed Mohammed Hussain @ Mohammed Hussain S. S/o Abdul Samad H, Aged about 50 years, R/at No.344, 5th Cross, West of Chord Road, 1st Stage, 6th Phase, Rajajinagar, Bengaluru - 10. … Appellant. (BY SRI. H.T. JAGADEESH, ADVOCATE)
AND:
1. Sri. Shivakumar M. S/o Madappa, Aged about 40 years, R/at 27, 5th Cross Road, Gangappa Garden, Bhuvaneshwari Nagar, Magadi Road, Bengaluru-10. 2. Purushotham E. S/o Erayya, Aged about 46 years, R/at No.11, 11th Cross,
2 Manjunath Nagar, Magadi Road, Bengaluru – 560 023. 3. Bajaj Allianz General Insurance Co. Ltd., No.1/2, 4th Floor, Golden Heights, 59th ‘C’ Cross, 4th ‘M’ Block, Rajajinagar, Bengaluru-560 010. …Respondents
(BY SRI. P.S. JAGADISH, ADVOCATE FOR R-3)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2020 PASSED IN MVC NO.7721/2018 ON THE FILE OF THE XI ADDL. SMALL CAUSES JUDGE & ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-12, BENGALURU, PARTLY ALLOWING THE PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy
3 Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. 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. 4.
The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv