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2025 DAILYLAW 67210 (KAR)

THE MANAGER v. SHAMSUDDIN KHAN

MFA/4000/2022 · 2025-07-12

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 4000/2022 (MV) (Lok Adalat No. 6617/2025) BETWEEN THE MANAGER CHOLAMANDALAM MS GIC LTD., NO.4, 9TH FLOOR, LIVING 6 GOLDEN HEIGHTS 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR INDUSTRIAL ESTATE NEAR SUJATHA TALKIES BANGALORE - 560 010. … APPELLANT (BY SRI PRADEEP B, ADVOCATE) AND 1 . SHAMSUDDIN KHAN S/O ABDUL KUDDUS KHAN NOW AGED ABOUT 39 YEARS R/AT NO.13TH CROSS 2 I STAGE, CHANDRALAYOUT BANGALORE NORTH NAGARABHAVI, BANGALORE – 72 2 . SHANAWAZ S S/O SHAHAZAD B N MAJOR, R/AT NO. 305, 6TH CROSS MACCA JASJID, AHMED NAGAR GANGONDANAHALLI BANGALORE – 39 …RESPONDENTS (BY SRI T C SATHISHKUMAR, ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.01.2022 PASSED IN MVC NO. 1936/2018 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER-MACT, BENGALURU (SCCH-26), AWARDING COMPENSATION OF RS.6,09,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION, TILL DEPOSIT. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present. 3 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondent - claimant has agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.8,00,000/- (Rupees Eight Lakh only), instead of what has been awarded by the Claim Tribunal, in full and final settlement of the claim. 3. The Appellant - 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. The amount in deposit if any, shall be transferred to the Claims Tribunal and the amount in excess if any, shall be refunded to the Insurance Company. The parties are not entitled for any cost. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 4 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