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2025 DAILYLAW 83605 (KAR)

SRI. MADANA G K v. KHAISHKI ZAHID ALI KHAN

MFA/2029/2024 · 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 NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MS. JUSTICE J.M.KHAZI & SMT. SOHANI HOLLA, MEMBER M.F.A.No. 2029/2024 (MV) (Lok Adalat No.6152/2025) BETWEEN: SRI. MADANA G K S/O G. KRISHNAPPA AGED ABOUT 51 YEARS R/AT RAMA RAO COLONY MADANAPALLE CHITTOOR COLONY ANDHRA PRADESH. PERMANENT RESDIENT OF GUDISIVARAPALLI YARRAMAVAIPALLI POST SRINIVASAUPURA TALUK KOLAR DISTRICT - 563 134. ...APPELLANT (BY SRI. THIPPESWAMY B.C., ADVOCATE) AND 1 . KHAISHKI ZAHID ALI KHAN C/O KHAISHKI AYUB KHAN MAJOR, R/AT NO. 31/43 2 ALIMABAD STREET RAYACHOTY, YSR KADAPHA ANDHRA PRADESH - 516 269 (R C OWNER OF THE CAR BG NO A P 26-AP-0719) 2 . THE NEW INDIA ASSURANCE CO LTD., MOTOR THIRD PARTY CLAIMES HUB NO 9/2, MAHALAXMI CHAMBERS M G ROAD , BEGNALURU REP BY MANGAER INSURER OF CAR BEARING REG NO AP 26-AP 0719 POLICY NO 6112093120100003162 VALID FROM 24-01-2022 TO 23-01-2023. RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.12.2023 PASSED IN MVC NO.6389/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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 3 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.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 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 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 ASN