Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 46994 (KAR)

SHAHINAZ D/O HUSSAIN SAB v. VEERESH S/O SINDIGERI MALAIAH

MFA/104111/2017 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G BASAVARAJA AND SRI. PRASHANT S. KADADEVAR, MEMBER M.F.A.No.104111/2017 (MV) LOK ADALAT No.44/2025. BETWEEN SHAHINAZ D/O. HUSSAIN SAB AGE: 20 YEARS, OCC: COOLIE, R/O: 1ST WARD, BEHIND GRAMA PANCHAYATH OFFICE, SANGANAKAL VILLAGE, BALLARI TQ. AND DISTRICT-583101. ...APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND 1 . VEERESH S/O. SINDIGERI MALLAIAH AGE: 25 YEARS, OCC: DRIVER OF THE MOTORCYCLE BEARING REGN. NO.KA-34/Y-6682, R/O: SANGANAKAL VILLAGE, BALLARI TQ. AND DISTRICT-583101. 2 2 . SHIVA RAMA S/O. UPAR BASAPPA AGE: 47 YEARS, OWNER OF THE MOTORCYCLE BEARING REGN.NO.KA-34/Y-6682, R/O: D.NO.144, HARIJANA COLONY, B. BELAGAL VILLAGE, BALLARI TQ AND DISTRICT-583101. 3 . THE DIVISIONAL MANAGER M/S. ORIENTAL INSURANCE COMPANY LIMITED, BALLARI-583101. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING THAT, MODIFYING THE JUDGMENT AND AWARD DATED 04.04.2016 PASSED BY BEFORE THE MACT-XII AT BALLARI, IN MVC NO.428/2015 BY ENHANCING THE COMPENSATION AND AWARDING A TOTAL COMPENSATION OF RS.10,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER Learned counsel for claimant and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global 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. 3. Respondent-Insurance Company has agreed to deposit the said amount before 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. On deposit, the entire amount shall be released in favour of claimant forthwith. 4 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Rsh ct-cmu