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2025 DAILYLAW 9026 (KAR)

NOORJAHAN v. SANTOSH KUMAR PATIL

MFA/200140/2025 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- - 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 C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.200140 of 2025 (MV-D) Lok Adalat No.25/2025 BETWEEN: NOORJAHAN W/O MD. JALEEL, AGED ABOUT 43 YEARS, OCC: HOUSEHOLD, R/O CHILLARGI VILLAGE, TQ. AND DIST. BIDAR. ...APPELLANT (BY SRI. SANTOSH BIRADAR, ADVOCATE) AND: 1 . SANTOSH KUMAR PATIL S/O SHANKREPPA, AGE: MAJOR, OCC: OWNER OF OFFENDED VEHICLE BEARING REG. NO. KA-32/B-9404, R/O H. NO. 24, MAMANKERI VILLAGE, TQ. AND DIST. BIDAR-585 401. 2 . THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, 3RD FLOOR, AL ASIAN GRAND, OPP. GESCOM OFFICE, STATION ROAD, KALABURAGI-585 102. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY ADV. FOR R2; V/O DTD. 06.02.2025, NOTICE TO R1 IS D/W) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 05.04.2024 PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR IN M.V.C. NO. 354/2023 AND ENHANCE THE COMPENSATION AS PRAYED FOR. 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-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-Insurance Company has agreed to pay a lump-sum of compensation of Rs.9,00,000/- (Rupees Nine Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The apportionment, deposit and release is as per the order of the Tribunal. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal - - 3 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/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER sdu