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2025 DAILYLAW 9453 (KAR)

KARUNADEVI @ KARUNABAI AND ORS v. SIRAJUDDINA S/O RIYAZUDDIN DIED HIS LRS 1) NAFEESA BEGUM AND ORS

MFA/201077/2024 · 2025-03-08

Lok Adalath

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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.201077 of 2024 (MV-D) Lok Adalat No.64/2025 BETWEEN 1. KARUNADEVI @ KARUNABAI W/O LATE RAJU @ RAJKUMAR, AGE: 40 YEARS, OCC: HOUSEHOLD, 2. AKASH S/O LATE RAJU @ RAJKUMAR, AGE: 23 YEARS, OCC: STUDENT, 3. ARATI D/O LATE RAJU @ RAJKUMAR, AGE: 22 YEARS, OCC: STUDENT, 4. SACHIN S/O LATE RAJU @ RAJKUMAR, AGE: 20 YEARS, U/G OF HIS MOTHER KARUNADEVI @ KARUNABAI APPEALLANT NO.1. 5. YAMUNABAI W/O LATE GUNDAPPA, AGE: 69 YEARS, OCC: NIL, ALL ARE R/O VILLAGE LALBAGH, TQ. AND DIST. BIDAR-584 101. ...APPELLANTS (BY SRI. BABU H. METAGUDDA, ADVOCATE) - - 2 AND SIRAJUDDINA S/O RIYAZUDDIN DIED HIS LRS, 1. NAFEESA BEGUM W/O SIRAJUDDIN, AGE: 58 YEARS, OCC: HOUSEHOLD, 2. SALAHUDDIN S/O SIRAJUDDIN, AGE: 37 YEARS, OCC: BUSINESS, 3. ALLAUDDIN S/O SIRAJUDDIN, AGE: 31 YEARS, OCC: BUSINESS-584 101. 4. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., SHOP NO.7, PARVATHINATH ASHTURE COMPLEX, BESIDE SANGMESH THEATRE BHALKI, TQ. BHALKI, DIST. BIDAR-584 101. …RESPONDENTS (By Sri. SHARANABASAPPA M. PATIL, ADV. FOR R4) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY THE JUDGEMENT AND AWARD DATED 29.04.2023 PASSED IN MVC NO. 339/2020 BY THE PRL. SENIOR CIVIL JUDGE AND C.J.M. AND ADDL. MACT BIDAR. AND ENHANCING THE COMPENSATION FROM RS.18,05,000/- WITH 6% INTEREST TO RS.68,00,000/- WITH 12% INTEREST. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: - - 3 CONCILIATION ORDER Delay condoned. The learned counsel for the Appellants/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of compensation of Rs.6,50,000/- (Rupees Six Lakhs Fifty 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 order of apportionment and deposit ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 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. - - 4 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) SMP