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2025 DAILYLAW 59784 (KAR)

MASTAMMA KOM BADIYA NAIK v. UMAR FAROOQ AMINSAB GALGALI

MFA/100839/2022 · 2025-12-13

Lok Adalath

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Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE AND SHRI D.L.LADKHAN, MEMBER M.F.A.No.100839 OF 2022 LOK ADALAT No.946/2025. BETWEEN MASTAMMA KOM BADIYA NAIK AGE. 62 YEARS, OCC. HOUSEHOLD WORK R/O. BAIDURUMANE, ABBIHITTALU, BELKE TQ. BHATKAL, DIST. UTTARA KANNADA- 581354. ...APPELLANT (BY SMT. DEEPA UDIYAR, ADVOCATE) AND 1. UMAR FAROOQ AMINSAB GALGALI AGE. MAJOR, R/O. H.N. 17/A KAMALESHWAR NAGAR JANGLIPETE, 3RD CROSS, OLD HUBBALLI, HUBBALLI 2 DIST. DHARWAD-580024. (OWNER OF THE LORRY BEARING NO. KA-25/D-7725) 2. THE BRANCH MANAGER THE NEW INDIA INSURANCE CO. LTD., THE BRANCH OFFICE MAIN ROAD, KARWAR-581301. …RESPONDENTS (By SRI S.V.YAJI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.340/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, HONNAVAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER Learned counsel for claimant(s)/appellant(s) and representative of Insurance Company along with its counsel are present. 2. As a result of meaningful and fruitful negotiation among the parties, the matter is settled. Claimant(s) has/have agreed to receive and the Insurance Company has agreed to pay the global compensation of Rs.5,62,000/- (five lakh sixty two thousand rupees only), in full and final settlement of the claim, in addition to what has been awarded by the Tribunal. 3. Duly signed joint memo by the parties, is filed in this behalf. 4. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. 5. The joint memo is accepted. 4 6. The impugned award is modified in terms of the joint memo. 7. The enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. 8. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 9. Insurance Company has agreed to deposit the said amount before 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. 10. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. 5 The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CT:BCK