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2025 DAILYLAW 71627 (KAR)

PAPAMMA v. AFZAL PASHA

MFA/1423/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.1423 OF 2024 (MV-D) (LOK-ADALAT NO.409 OF 2025) BETWEEN: 1. PAPAMMA WIFE OF SANNALINGAIAH @ SANNA LINGAYYA AGED ABOUT 49 YEARS 2. SANNA LINGAIAH @ SANNA LINGAYYA SON OF VATTE BORAIAH AGED ABOUT 63 YEARS 3. TEJA S. N. SON OF SANNA LINGAIAH @ SANNA LINGAYYA AGED ABOUT 22 YEARS ALL ARE RESIDING OF IYANAHALLI VILLAGE RAYAPURA, MOLAKALMURU TALUK NOW RESIDING OF MADAKARIPURA VILLAGE CHITRADURGA TALUK-577 524. ...APPELLANTS (BY SRI R. SHASHIDHARA, ADVOCATE) 2 AND: 1. AFZAL PASHA SON OF VAZEER SAB AGED MAJOR RESIDING AT 2ND CROSS VEERASAGARA (WEF) TUMKUR-572 101. 2. BRANCH MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, VIRUPAKSHA KRUPA OPPOSITE KIMS MAIN ROAD R.B. ROAD, HUBLI-580 020. …RESPONDENTS (BY SRI H. S. LINGARAJU, ADVOCATE, FOR R2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 07-07-2023 PASSED IN M.V.C. NO.507 OF 2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., ADDITIONAL M.A.C.T. NO.IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and the learned counsel appearing for the respondent–Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- 3 Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.7,50,000/- (Rupees seven lakh and fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal. 5. This miscellaneous first appeal stands disposed off 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 kvk