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2025 DAILYLAW 9652 (KAR)

KHAIRUNBEE AND ORS v. MOHAMMED IMRAN CHOUDHARY AND ANR

MFA/200590/2020 · 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.200590 of 2020 (MV) Lok Adalat No.41/2025 BETWEEN 1. KHAIRUNBEE W/O LATE AKHTARMIYA, AGE: 64 YEARS, OCC: HOUSEHOLD, 2. PHATEMMA D/O LATE AKHTARMIYAN AGE: 44 YEARS, OCC: HOUSEHOLD, 3. AFZALMIYAN S/O LATE AKHTARMIYAN AGE: 39 YEARS, OCC: LABOUR, 4. SHADULMIYAN S/O LATE AKHTARMIYAN AGE: 34 YEARS, OCC: LABOUR, 5. AMEENABE D/O LATE AKHTARMIYAN AGE: 32 YEARS, OCC: HOUSEHOLD, 6. DASTAGIR S/O LATE AKHTARMIYAN AGE: 28 YEARS, OCC: UNEMPLOYE, ALL ARE R/O: VILLAGE BYALHALLI, TQ: BHALKI, NOW AT YELLALING COLONY, NOUBAD BIDAR-584101. ...APPELLANTS (BY SRI BABU H METAGUDDA, ADVOCATE) AND: 1. MOHAMMED IMRAN CHOUDHARY S/O AMRULLAH CHOUDHARY, - 2 - AGE: MAJOR, OCC: BUSINESS, R/O: H.NO. 4-27, Z.P. BALICALA UNNATA PAT PATANCHERU, DIST: MEDAK (TELANGANA STATE), (OWNER OF CRANE VEHICLE NO. AP-23/AM-8627). 2. THE MANAGER M/S NATIONAL INSURANCE CO. LTD., SUSHRIRAM COMPLEX, NATIONAL HIGHWAY NO.9 PATANCHERU, DIST: MEDAK, A.P. REPRESENTED BY BRANCH MANAGER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, NEAR NEHRU STADIUM, BIDAR-584101. …RESPONDENT (BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 12.01.2023) 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 03.11.2018 PASSED IN MVC NO.757/2016 BY THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BIDAR. AND ENHANCING THE COMPENSATION FROM RS.2,50,000/- WITH 9 PERCENT INTEREST TO RS.12,90,000/- WITH 12 PERCENT INTEREST. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER 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. 2,45,000/- (Rupees Two Lakh Forty Five Thousand only), in addition to what has been awarded by - 3 - 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 Claimants. Apportionment of the compensation shall be in terms of the order of the Tribunal. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER NJ