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2025 DAILYLAW 64029 (KAR)

MRS.ASIYA W/O MOHAMMED NAYEEM KHAN v. MANZUR ELHAHI ISMAIL TALLUR

MFA/104046/2019 · 2025-12-13

Lok Adalath

body2025

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.104046 OF 2019 (MV) LOK ADALAT NO.935/2025. BETWEEN: MRS. ASIYA W/O MOHAMMED NAYEEM KHAN, AGE: 53 YEARS, OCC: TAILORING, R/O: H.NO.1483, 3RD CROSS, KAKATI, LAXMI NAGAR, TQ AND DIST: BELAGAVI, PIN-591 113. ... APPELLANT (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. MANZUR ELHAHI ISMAIL TALLUR, AGE: MAJOR, 2 OCC: BUSINESS, R/O: NEAR MADINA MASJID, KAZI GALLI, WARD NO.5, M.K. HUBLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 102. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., HAVING ITS DIVISIONAL OFFICE AT: 3933/B2, MOODALAGI BUILDING, 2ND FLOOR, CLUB ROAD, BELAGAVI-590 001. … RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 06.09.2017 PASSED IN MVC NO.724/2016 ON THE FILE OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI AND ALLOW THE PRESENT APPEAL BY AWARDING COMPENSATION AS SOUGHT FOR IN THE CLAIM PETITION 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.1,30,000/- (Rupees one lakh thirty thousand 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 on which award is drawn up, 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