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2025 DAILYLAW 51310 (KAR)

SRI SOMASHEKAR RAI v. MR K MAHAMMAD

MFA/1248/2025 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE SPECIAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MR. JUSTICE S. VISHSWAJITH SHETTY & SMT. NIRMALA K, MEMBER M.F.A.No.1248/2025 (MV) (Lok Adalat No.3828/2025) BETWEEN: SRI SOMASHEKAR RAI AGED ABOUT 69 YEARS S/O LATE MUTHAPPA RAI R/O SHREE NIDHI HOUSE MUKRUMPADY, KEMMINJE VILLAGE, DARBE POST PUTTUR TALUK, D.K - 574 202. ...APPELLANT (BY SRI RAJARAJA S, ADV.) AND: 1 . MR. K. MAHAMMAD AGED ABOUT 67 YEARS S/O ABDUL KHADAR R/O KEMMINJE HOUSE KALLURAYA ROAD, KEMMINJE VILLAGE, DARBE POST PUTTUR TALUK, D.K DISTRICT - 574 202. 2 . THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., BRANCH OFFICE 403 AND 404 4TH FLOOR CRYSTAL ARCH BUILDING, BALMATTA ROAD BALMATTA, NEAR HOTEL 2 ROOPA, MANGALORE - 575 2002. &RESPONDENTS (BY SRI B. PRADEEP, ADV., FOR R-2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.1.2024 PASSED IN MVC NO. 275/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AMACT, PUTTUR, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE SPECIAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel for the appellant and learned counsel for respondent - Insurance company jointly submit that, the matter has been settled and the appellant -claimant has agreed to receive a sum of Rs.25,000 (Rupees Twenty Five Thousand only) in addition to what has been awarded by the Tribunal towards full and final settlement of the claim. They also submit that the said amount shall be deposited within a period of six weeks from the date of preparation of award, failing which, the amount shall carry interest at 9% p.a, from the date of default till the date of deposit. 3 2. The said submission and joint memo are taken on record. 3. The appeal is disposed of in terms of joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. 4. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. Sd/- JUDGE Sd/- MEMBER NMS