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2025 DAILYLAW 73570 (KAR)

SMT NIRMALA G S v. GHOUSE PEER KHAN

MFA/525/2023 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 525/2023 (MV) (Lok Adalat No.2600/2025) BETWEEN 1 . SMT NIRMALA G S W/O LATE A S VISHWANATHA AGED ABOUT 37 YEARS 2 . KUM MANOGNA A V D/O LATE A S VISHWANATHA AGED ABOUT 13 YEARS MINOR, REP. BY N/G MOTHER NIRMALA G S, APPELLANT NO.1 BOTH ARE RESIDING AT AREYURU VILLAGE, AREYURU POST HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT, PINCODE-572214. …APPELLANTS (BY SRI CHANDRASHEKAR P PATIL, ADVOCATE) AND 1 . GHOUSE PEER KHAN S/O SAABJAN KHAN 2 AGED ABOUT 55 YEARS R/AT NO.64 GUDEMARANAHALLI VILLAGE SOLUR HOBLI MAGADI TALUK RAMANAGAR DISTRICT PINCODE-562127. 2 . HDFC ERGO GENERAL INSURANCE CO. LTD., NO.2/1 2ND FLOOR OPP. JAYANAGAR CLUB BENGALURU-560011 BY ITS MANAGER. …RESPONDENTS (BY SRI SRI H S LINGARAJ ADVOCATE FOR R2) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO.473/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 appellants/claimants to sign) and the learned advocate 3 appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.50,000/- (Rupees 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 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 appellants / claimants, on proper identification. 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