Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 60790 (KAR)

SMT. ASHIYA KHATOON W/O ABU MOHAMMED TONSE v. SRI ABDULKHADIR S/O MOHAMMED ASHRAF JABALI

MFA/105679/2024 · 2025-12-13

Lok Adalath

body2025

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.105679 OF 2024 LOK ADALAT NO.940/2025. BETWEEN: SMT. ASHIYA KHATOON W/O ABU MOHAMMED TONSE, AGED ABOUT 45 YEARS, OCC. TAILORING WORK, R/O. NEW COLONY, PURVARGA, BHATKAL TALUK-581 320. ... APPELLANT (BY SRI. S.S. VAKKUND, ADVOCATE) AND: 1. SRI. ABDUL KHADIR S/O MOHAMMED ASHRAF JABALI, AGED ABOUT 51 YEARS, R/O. NEW COLONY, PURVARGA, YELWADIKAVUR, 2 BHATKAL TALUK-581 320. (OWNER OF MOTOR CYCLE BEARING REN. NO. KA-47/V-3045). 2. THE MANAGING DIRECTOR, TATA AIG GENERAL INSURANCE COMPANY LTD., HEAD OFFICE, PENINSULA BUSINESS PARK, TOWER-A, 15TH FLOOR, G.K. MARG, LOWER PARCEL, MUMBAI-40013. … RESPONDENTS (BY SRI. SUBHASH J BADDI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 07.10.2023 PASSED IN MVC NO.16/2020 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BHATKAL, BY ENHANCING THE COMPENSATION FROM RS.3,57,347/- TO RS.7,50,000/- TO THE APPELLANT AND ETC, 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.71,000/- (Seventy One 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 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 PMP CT:BCK