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2025 DAILYLAW 9130 (KAR)

KHAJABI v. VENAKATACHALAM AND ANR

MFA/200724/2023 · 2025-03-08

Lok Adalath

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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.200724 of 2023 (MV-I) Lok Adalat No.191/2025 BETWEEN: SMT. KHAJABI W/O SHABBIR AHEMAD QURESHI, AGE: 36 YEARS, OCC: COOLIE AND HOUSEHOLD, R/O DHAKNI MOHILLA, SHORAPUR, TQ. SHORAPUR, DIST. YADAGIRI, AT PRESENT C/O LALANSAB QURESHI, ASAR MOHILLA, SHAHAPUR, TQ. SHAHAPUR, DIST. YADAGIRI-585 223. ...APPELLANT (BY SRI BHEEMARAYA M. N., ADVOCATE) AND: 1. MR. VENKATACHALAM C. S/O CHINNATHAMBI, AGE: 54 YEARS, OCC: BUSINESS, R/O D.NO. 1/45, ANAIPALAYAM, MURUNGAPATTY, CHANDIRSEKARAPURAM, RASIPURAM TK, NAMAKKAL DT, TAMIL NADU STATE-637 001. - - 2 2. THE HDFC, ERGO GENERAL INSURANCE, COMPANY LIMITED, REPRESENTED, THROUGH ITS MANAGER, 25/1, 2ND FLOOR, BUILDING NO.2, SHANKARNARAYAN BUILDING, M.G. ROAD, BANGALORE-560 001. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 04.04.2022 PASSED IN MVC NO. 106/2020 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AND ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL NO.4 SHAHAPUR AT SHAHAPUR, AND ALLOW THIS APPEAL ENHANCING THE AWARD COMPENSATION AMOUNT BY RS.15,09,700/- ONLY AS CLAIMED BY THE APPELLANT. 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.2,00,000/- (Rupees Two Lakh only), in addition to what has been awarded by the Tribunal, in full and - - 3 final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. The 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 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