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2025 DAILYLAW 54985 (KAR)

MR. PAKRUDDIN SAB @ FAKRUDDIN, v. SRI. ADINARAYANAPPA ,

MFA/2207/2023 · 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 HON’BLE MR. JUSTICE K.V. ARAVIND & SRI. JAVEED S., MEMBER M.F.A.No.2207/2023 (MV) (Lok Adalat No.3883/2025) BETWEEN MR. PAKRUDDHI SAB @ FAKRUDDIN S/O HUSEIN SAB SINCE DEAD REPTD. BY HIS LR'S 1. MR. BABAJAN N.F S/O LATE PAKRUDDIN SAB @ FAKRUDDIN AGE:37 YEARS R.NALLAGUTLAPALLI NAREMADDEPALLI BAGEPALLI, CHIKKABALLAPUR BENGALURU-561 212 2. SMT. AMMA JAN W/O ALLA BAKASH AGE:35 YEARS 2 NO.140, J.C. LAYOUT DEVASANDRA, KRISHNARAJAPURAM BENGALURU-560 035 ...APPELLANTS (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND 1 . SRI. ADINARAYANAPPA W/O LATE EARAPPA SHANKAMVARIPALLI VILLAGE NIRAGANTAPALLI POST CHIKKABALLAPUR DISTRICT BAGEPALLI-561 207 2. THE REGIONAL MANAGER M/S NEW INDIA ASSURANCE COMPANY LIMITED 2ND FLOOR, MAHALAKSHMI COMPLEX, M.G. ROAD OPPOSITE AJANTHA HOTEL BENGALURU-560 001 …RESPONDENTS (BY SMT. HARINI SHIVANAND, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2022 PASSED IN MVC NO. 7133/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH- 18, 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: 3 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.2,00,000/- (Rupees Two Lakhs 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 4. The entire enhanced compensation amount shall be released in favour of the appellants/claimants, on proper identification, in proportion as ordered by the 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 Yn.