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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 B M SHYAM PRASAD
&
SRI.PAVANA CHANDRA SHETTY H., MEMBER
MFA. No.148/2024 (Lok Adalat No.793/2025)
BETWEEN:
1 . MEER MOHEEDIN @ MIDHEEN @ BABU S/O LATE MOHAMMED ISMAIL, AGED ABOUT 52 YEARS
2 . SMT ZAREENA W/O MEER MOHEEDIN @ MIDHEEN @ BABU AGED ABOUT 49 YEARS
3 . SYED S/O MEER MOHEEDIN @ MIDHEEN @ BABU AGED ABOUT 25 YEARS
ALL ARE R/O NO. 114, GALIHALLI CROSS, SAJAD COLONY, TARIKERE TOWN - 577228 AT PRESENT R/O C/O MOHAMMED FIZAL S/O ABUBAKAR, NO. 101, 2ND CROSS, JAGADAMBA STREET, SAYADRI COLLEGE, VIDYANAGARA,
2 SHIVAMOGGA - 577201. ...APPELLANTS
(BY SRI. MAHAMED GUFRAN N., ADVOCATE)
AND:
1 . VIJAY KUMAR B H S/O HANUMANTHAIAH, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O BALLEKERE VILLAGE, KADURU TALUK 577228 OWNER OF THE TRACTOR AND TRAILOR BEARING REG NO. KA18/TA-8404, KA-18/T-0661. 2 . JAYAPRAKASH S/O LATE KENCHAPPA, @ KENCHIGOPPA, AGED ABOUT 36 YEARS, DRIVER, R/O JIGANEHALLI VILLAGE, KADURU TALUK 577228 CHIKKAMAGALURU DIST. DRIVER OF TRACTOR AND TRAILER BEARING REG NO. KA-18/TA-8404 KA-18/TA-0661, DL NO. KA-1820120011492
3 . THE MANAGER ORIENTAL INSURANCE COMPANY LTD., KADURU - 577548 (POLICY NO. 423492/31/2018/1482 VALID FROM 30-01-2018 TO 29-01-2019)
…RESPONDENTS
(BY SRI. RAJENDRA HEGDE MULKHAND, ADVOCATE FOR R3 IS REQUESTED TO ACCEPT NOTICE FOR R3)
3 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.09.2023 PASSED IN MVC NO. 85/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AND MEMBER, MACT, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA IS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned counsel appearing for the appellants- claimants is present. 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 advocate appearing for the appellants - claimants (being authorized by the appellant - claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed.
4 The appellants - claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.75,000/- (Rupees Seventy Five Thousand only) in addition to what has been awarded by the Claims 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 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. 4. The entire enhanced compensation amount shall be released in favour of the second appellant on proper identification. This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the
5 Tribunal shall stands modified accordingly. Draw up the award accordingly. Sd/- JUDGE
Sd/- MEMBER
SA