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High Court of Karnataka · body

2025 DAILYLAW 60590 (KAR)

SRI.MAHABOOB S/O. KHASIMSAB ILKAL v. SRI.TABARZKHAN S/O. ABANULLAKHAN KHANZADE

MFA/104455/2018 · 2025-12-13

Lok Adalath

Civil Appealbody2025

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 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. 104455 OF 2018 (ECA/SJ) LOK ADALAT NO.939/2025. BETWEEN: SRI. MAHABOOB S/O. KHASIMSAB ILKAL AGE: 28 YEARS, OCC:DRIVER WORK NOW NIL, R/O. SAVANUR NOW AT RANEBENNUR, DIST: HAVERI-581115. ... APPELLANT (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. SRI.TABARZKHAN S/O. ABANULLAKHAN KHANZADE, AGE: MAJOR, OCC: TRANSPORT BUSINESS, 2 R/O SAVANUR H.NO.808, TQ:SAVANUR, DIST:HAVERI-581115. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO.LTD., A M ARCED S.S. ROAD DAVANAGERE-577001. … RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05/07/2017 MADE IN E.C.A.NO.196/2014 PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT RANEBENNUR AND CONSEQUENTLY ENHANCE THE COMPENSATION AMOUNT AS CLAIMED IN THE CLAIM PETITION, 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.1,75,000/- (One Lakh Seventy Five 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 is filed in this behalf parties to this effect. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. The joint memo is accepted. 4. The impugned award is modified in terms of the joint memo. 5. The enhanced compensation shall be released in favour of claimant(s) forthwith on deposit. 4 6. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 7. 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. 8. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER PMP CT:BCK