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2025 DAILYLAW 9435 (KAR)

SIDRAM v. SHAIK ABDUL ROUF AND ANR

MFA/202189/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

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- - 2 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE SPECIAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI SUDHEER KULKARNI, MEMBER M.F.A. NO.202189 OF 2022 (MV-I) Lok Adalat No.211/2025 BETWEEN: SIDRAM S/O SHARNAPPA, AGE:40 YEARS, OCC: DRIVER, NOW NIL, R/O KURUBKHELGI, TQ: BHALKI, DIST: BIDAR-584101. ...APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) AND 1. SHAIK ABDUL ROUF S/O ABDUL HAMEED, AGE: MAJOR, OCC: BUSINESS, R/O SUL GUNJ LATUR, TQ & DIST: LATUR, M.S.-584101. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISION OFFICE, SUPER MARKET, KALABURAGI-585102. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 31-07-2021 PASSED IN MVC NO.88/2017 BY THE SENIOR CIVIL JUDGE - - 3 AND ADDL. MACT AT BHALKI AND ENHANCING THE COMPENSATION FROM RS.2,03,700/- WITH 6% INTEREST TO RS.11,00,000/- WITH 12% INTEREST. C) GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. 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.1,25,000/- (Rupees One Lakh Twenty Five 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 from the date of preparation of Award, failing which the said - - 4 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/- (SUDHEER KULKARNI) MEMBER MCR