SMT HEMA H D/O HANUMANTHAIAH S v. AZMATHULLAH S/O M D ABDULLAH
MFA/101609/2025 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52932 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52932 (KAR) · dailylaw.ai ]
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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE E.S.INDIRESH AND SHRI.SAJID GOODWALA, MEMBER
MISCELLANEOUS FIRST APPEAL NO.101609/2025 (MV/I) LOK ADALAT NO. 217/2025
BETWEEN SMT. HEMA H.
D/O. HANUMANTHAIAH S., AGED ABOUT 40 YEARS, OCC: WORKING IN RAJ MAHAL FANCY JEWELERS, R/O. H.NO. 23, WARD NO.29, BELAGAL CROSS, T.B. SANITORIUM ROAD, RAMANJINEYA NAGAR, BALLARI-583101. ...APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND
1. AZMATHULLAH S/O. M.D. ABDULLAH, AGED ABOUT 75 YEARS, DRIVER OF THE TATA INDICA DLS CAR BEARING REG. NO.KA-34/M-4968, R/O. H.NO.23, RAMANJINEYA NAGAR, 1ST CROSS, BALLARI-583101. 2
2. V. MOHAMMED KHIZER S/O. V. ABDUL REHMAN, OWNER OF THE TATA INDICA DLS CAR BEARING REG. NO. KA-34/M-4968 R/O. H.NO.6, W.NO.21, MARKET STREET, GURU COMPOUND, COWL BAZAR, BALLARI-583101. 3. THE DIVISION MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, BUDA COMPLEX, MOTHI CIRCLE, BALLARI-583101. …RESPONDENTS
(BY SRI. M.Y. KATAGI, ADVCOATE FOR R3)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT PRAYING TO MODIFIED AND ENHANCE THE COMPENSATION IN MVC NO.318/2020 DATED 27.08.2024 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-IIIRD AND PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the appellant and the representative of Respondent-Insurance Company along with its counsel are present. 3
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a sum of Rs.2,30,000/- (Rupees Two Lakh Thirty 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. The said amount shall be released in favour of the claimant on proper identification. 4. 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. 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo.
The award of the
4 Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE
Sd/- MEMBER
YAN