Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55233 (KAR)

SRI GULE ABBAS v. SRI. KULBIR SINGH PABBY

MFA/7322/2023 · 2025-09-25

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 25TH DAY OF SEPTEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SMT.D.SUDHA, MEMBER M.F.A.No.7322/2023 (MV) (Lok Adalat No.6136/2025) BETWEEN: 1 . SRI GULE ABBAS S/O LATE ABDUL RAJJAK, AGED ABOUT 68 YEARS, 2 . SMT. AJIRUN NISHA @ AZEERUNISSA W/O GULE ABBAS AGED ABOUT 58 YEARS, BOTH ARE R/AT NO. GANDHARIYA BUZURG VILLAGE, ATHADAMA POST, SAGRA RUDHOULI KHURD BASTI, RUDRANAGAR, UTTARPRADESH -272 151. ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) 2 AND: 1 . SRI. KULBIR SINGH PABBY S/O SH. GURUDEV SINGH, MAJOR IN AGE, PROP. M/S FAST TRACK LOGISTICS, A G ROAD, KOHIMA NAGALAND -797 001 2 . THE LEGAL MANAGER M/S HDFC ERGO GENERAL INSURANCE COMPANY LTD., SHANKARANARAYANA, 2nd BUILDING, 2nd FLOOR, M.G ROAD, BENGALURU -560001. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.05.2023 PASSED IN MVC NO.7315/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-6), 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 Appellants - Claimants 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh Fifty Thousand 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 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 SRK