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2025 DAILYLAW 83209 (KAR)

KRISHNA SHETTIGAR v. ABDUL RAZAK SHAIK

MFA/903/2024 · 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 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 S. SUNIL DUTT YADAV & SRI. I.S. PRAMOD CHANDRA., MEMBER M.F.A No.903/2024 (MV-I) (Lok Adalat No.2807/2025) BETWEEN 1 . KRISHNA SHETTIGAR AGED ABOUT 55 YEARS, S/O LATE GANGAYYA, R/AT HOKKADIGOLI MANE, ARAMBODY POST AND VILLAGE, BELTHANGADY. MANGALURU TALUK - 574237. ...APPELLANT (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND 1 . ABDUL RAZAK SHAIK AGED ABOUT 58 YEARS, S/O SHEIK BABAN SAHIB, R/AT B S MANZIL NOOR MOHALLA, KOTEBAGILU, MOODABIDRI POST, PRANTHYA VILLAGE, MANGALURU TALUK - 574227. 2 . THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, 1ST FLOOR, NITHYANANADA COMPLEX, NEAR BUS STAND, MOODABIDRI, MANGALURU TALUK - 574227. …RESPONDENTS (BY SRI. K N SRINIVAS, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2023 PASSED IN MVC NO. 2001/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, 2 MACT, JMFC, MOODBIDRI.DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.65,000/- (Rupees Sixty Five 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. 3 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 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 DHA