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2025 DAILYLAW 9084 (KAR)

MADANKUMAR v. RAJSHEKHAR AND ANR

MFA/202283/2024 · 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 C.M.JOSHI AND SRI SUDHIRSINGH R VIJAPUR, MEMBER M.F.A. NO.202283 of 2024 (MV-I) Lok Adalat No.34/2025 BETWEEN MADANKUMAR S/O ERANNA, AGE: 30 YEARS, OCC: MANAGER AND DRIVER NOW NIL, R/O CHAMNAL VILLAGE, TQ. SHAHAPUR, DIST. YADGIR, NOW AT KOLLUR TQ. CHITTAPUR, DIST. KALABURAGI. ...APPELLANT (BY SMT. TABBASUM SULTANA, ADVOCATE) AND 1. RAJSHEKHAR S/O PALANIVELU, AGE: MAJOR, OCC: OWNER OF SCHOOTER BEARING NO.KA-41-EN-3691, R/O 9, 9TH D, MAIN ROAD, BHAIRAVESHWAR NAGAR, NAGARBHAVI, BENGALURU-560 072. 2. THE DIVISIONAL MANAGER, THE ICICI LOMBARD GENERAL INSURANCE CO. LTD., 3RD FLOOR, ASIAN PLAZA, OPP K.E.B. OFFICE, KALABURAGI-585 101. ..RESPONDENTS (BY SRI. SUBHASH MALLAPUR, ADV. FOR R2) - - 2 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO A) TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 04-10-2023 IN MVC NO.870/2021 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT CHITTAPUR. AND ALLOW THIS APPEAL TO ENHANCED THE COMPENSATION AMOUNT BY RS.5,00,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE COURT AND ETC., 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.80,000/- (Rupees Eighty Thousand 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 entire amount shall be released in favour of the Claimant. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks - - 3 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