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2025 DAILYLAW 51536 (KAR)

SRI LATHEEF v. SRI SAYED ASHPAK

MFA/3605/2024 · 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 NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MRS. JUSTICE K.S. HEMALEKHA & SMT. SOHANI HOLLA, MEMBER M.F.A.No. 3605 OF 2024 (MV) (Lok Adalat No.5496/2025) BETWEEN: SRI LATHEEF AGED ABOUT 36 YEARS, S/O SRI HUSSAIN BYARI, R/AT NERALE PALKE, JARKALA, KUKKUNDOOR POST AND VILLAGE, KARKALA TALUK-576117. ... APPELLANT (BY SRI DHANANJAY KUMAR, ADVOCATE) AND: 1 . SRI SAYED ASHPAK, AGED ABOUT 29 YEARS, S/O SRI SAYED BUDAN ISMAIL, R/AT H.NO. 7-59, SAYED MANZIL, IMAM BETTU, MIYAR POST, KARKALA TALUK-574107. 2 . THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., HEAD OFFICE - III, E-8, RIICO INDUSTRIAL AREA, SEETHAPURA, 2 JAIPURA, RAJASTHAN STATE, PIN CODE-302022. ... RESPONDENTS (BY SRI B.C.SHIVANNE GOWDA, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2023 PASSED IN MVC NO.677/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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 respondent 3 Insurance Company along with its representative is 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.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 AT