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2025 DAILYLAW 8679 (KAR)

DRAKSHAYANI v. THE MANAGING DIRECTOR AND ORS

MFA/200711/2018 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.200711 OF 2018 (MV) Lok Adalat No.185/2025 BETWEEN: DRAKSHAYANI W/O GOURISHANKAR KAMBLE AGED ABOUT 47 YEARS, OCC: TUTOR, R/O. KHB MIG-8, ASHRAM ROAD, TQ AND DIST: VIJAYAPURA. ...APPELLANT (BY SMT. SHAILAJA C.D., ADVOCATE) AND: 1. THE MANAGING DIRECTOR NEKRTC, CENTRAL OFFICE, KALABURAGI – 585101. SUMMONS TO BE SERVED UPON THE D.L., NEKRTC, ATHANI ROAD BUS DEPOT, VIJAYAPURA – 586101. 2. KHAJESAB S/O MAHABOOBSAB SIKKALAGAR AGE: 44 YEARS, OCC: BUSINESS, R/O KAMAN-KAMAN BAZAR, NEAR NAGARBOUDI, VIJAYAPURA – 586101. 3. THE MANAGER LEGAL, SRIRAM GENERAL INSURANCE CO. LTD., 10003-E-8, RIICO, INDUSTRIAL ARE, SITA PURA, JAIPUR, - 2 - RAJASTHAN – 302022. …RESPONDENTS (BY SMT. PREETI PATIL, ADV. FOR R1; SRI SUDHARSHAN M., ADV. FOR R3; NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 23.10.2017 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT VII, VIJAYAPURA IN MVC NO.411/2015 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE ORIGINAL CLAIM PETITION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellant/Claimant and the representative of Respondent No.1- NEKRTC and Respondent No.3 - Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/Claimant has agreed to receive and the Respondent No.1- NEKRTC and Respondent No.3 - Insurance Company have agreed to pay a lump-sum of compensation of Rs.20,000/- (Rupees Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Out of which, NEKRTC and Sriram General Insurance Company Ltd., have agreed to pay 50% - 3 - each as per the award. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The entire amount shall be released in favour of the Claimant. 4. Respondent No.1- NEKRTC and Respondent No.3 - Insurance Company have 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. 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ