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2025 DAILYLAW 9640 (KAR)

RAKESH v. ISMAIL AND ORS

MFA/201657/2024 · 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.201657 of 2024 (MV-I) Lok Adalat No.69/2025 BETWEEN: RAKESH S/O MALSHETTY, AGE: 20 YEARS, OCC: PLASTERING WORK, R/O BARIDABAD, TQ. AND DIST. BIDAR-585 226. ...APPELLANT (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. ISMAIL S/O IBRAHIM, AGE: MAJOR, OCC: BUSINESS, R/O #2/17, NEAR HANUMAN TEMPLE, MEENKHERA, TQ. HUMNABAD, DIST. BIDAR-585 227, (R.C. HOLDER/OWNER OF ERTIGA CAR BEARING REG. NO.KA.32/NO.8692). 2. RAMESH S/O SOMSHEKAHR, AGE: MAJOR, OCC: BUSINESS , R/O HOLITIPPI SEDAM, TQ. SEDAM, DIST. KALABURAGI-585 222, - - 2 (INSURANCE HOLDER/PREVIOUS OWNER OF ERTIGA CAR BEARING REGN.NO.KA.32/NO.8692). 3. NEW INDIA ASSURANCE CO. LTD., #8-9-265/3B 1ST FLOOR PADMA KUNJA COMPLEX, ABOVE IDBI BANK, UDGIR ROAD, BIDAR-585 401, (POLICY NO.68030131200100001384) (VALID FROM 20.06.2020 TO MIDNIGHT OF 19.06.2021). …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R3; V/O DTD. 20.01.2025, NOTICE TO R1 & R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCED THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 07-09-2023 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT., BIDAR IN MVC NO. 48/2022. 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 Lakhs 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. 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) SMP