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2025 DAILYLAW 79518 (KAR)

SRI RAFEEK v. THE PRINCIPAL

MFA/3042/2024 · 2025-09-13

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 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.3042 OF 2024 (MV-I) (LOK-ADALAT NO.8114 OF 2025) BETWEEN: SRI RAFEEK S/O ABDUL REHAMAN, AGED ABOUT 47 YEARS, RESIDING AT 1-70, PADU UCHIL, MULOOR, UDUPI TALUK-574115. ...APPELLANT (BY SRI JAGADEESH H.T., ADVOCATE) AND: 1. THE PRINCIPAL VIDYAVARDHAKA ENGLISH MEDIUM, SCHOOL, SHIRVA, UDUPI-574 115. 2. THE MANAGER FUTURE GENERAL INDIA INSURANCE CO. LTD., REPRESENTED BY THE NEAREST DIVISIONAL OFFICE, 2ND FLOOR, EMPIRE MALL, M.G. ROAD, MANGALORE. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE, FOR R-2) * * * 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27-02-2023 PASSED IN MVC NO.761/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 appellant-claimant 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 appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees one lakh 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 3 carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The entire enhanced compensation amount shall be released in favour of the appellant-claimant, on proper identification. 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