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2025 DAILYLAW 85806 (KAR)

SRI. K. BASHA @ MUSLIM K. BASHA S/O. K. KHALANDAR @ MUSLIM K. KHALANDAR v. KOTAIAH S/O. MALLIKARJUNA

MFA/102656/2022 · 2025-12-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE AND SHRI D.L.LADKHAN, MEMBER M.F.A.NO. 102656 OF 2022 (MV) LOK ADALAT NO.967/2025. BETWEEN: SRI. K. BASHA @ MUSLIM K. BASHA S/O. K. KHALANDAR @ MUSLIM K. KHALANDAR @ MUSLIM K KHALANDAR AGED ABOUT 43 YEARS, R/O. 1-58, KALLUHOLA, BOLLANAGUDDAM ANANTAPUR, ANDHRA PRADESH NOW R/O. AT WARD NO.29, HUSSAIN NAGAR, 4TH CROSS, BALLARI-583101 ... APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. KOTAIAH S/O. MALLIKARJUNA AGED ABOUT 39 YEARS, 2 DRIVER OF THE TRACTOR BEARING REG.NO.KA-34/TA-4406 R/O. RUPANAGUDI ROAD, VIGNESHWARA CAMP, BALLARI TALUK AND DISTRICT- 583101. 2. SATHYANARAYANA S/O. SURYANARAYANA AGED ABOUT 41 YEARS, OWNER OF THE TRACTOR BEARING REG.NO.KA-34/TA-4406 R/O. KERE CAMP VILLAGE, KAMMARACHEDU POST, BALLARI TALUK AND DISTRICT- 583101. 3. THE BRANCH MANAGER M/S. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KALABURGI SQUARE, DESAI CROSS, DESHAPANDE NAGAR, HUBBALLI-580029 KARNATAKA … RESPONDENTS (BY SRI. N.C. KOLLORI, ADVOCATE FOR R3; NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 21.01.2020 PASSED BY MOTOR ACCIDENT CLAIM TRIBUNAL-11 AND II ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN MVC NO.43/2019 BY ENHANCING THE COMPENSATION FROM RS.5,70,654/- TO RS.30,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER Learned counsel for claimant(s)/appellant(s) and representative of Insurance Company along with its counsel are present. 2. As a result of meaningful and fruitful negotiation among the parties, the matter is settled. Claimant(s) has/have agreed to receive and the Insurance Company has agreed to pay the global compensation of Rs.2,55,000/- (Rupees two lakh fifty five thousand only), in full and final settlement of the claim, in addition to what has been awarded by the Tribunal. 3. Duly signed joint memo by the parties, is filed in this behalf. 4. Learned counsel for the parties have identified the signatures on the joint memo of the respective parties. 5. The joint memo is accepted. 4 6. The impugned award is modified in terms of the joint memo. 7. The enhanced compensation shall be released in favour of claimant forthwith on deposit. 8. The amount awarded by the Tribunal shall be released as per the terms imposed by the Tribunal in its award. 9. Insurance Company has agreed to deposit the said amount before Tribunal within six weeks from the date on which award is drawn up, 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. 10. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. 5 The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER PMP CT:BCK