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2025 DAILYLAW 9798 (KAR)

VIJAYKUMAR @ RAJESH v. AYUB ALI SYED AND ANR

MFA/201465/2018 · 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO.201465 of 2018 (ECA) Lok Adalat No.94/2025 BETWEEN: VIJAYKUMAR @ RAJESH S/O MARUTI AGE:39 EYARS, OCC:DRIVER, R/O HALHALLI (K), TQ. & DIST.BIDAR-585402. ...APPELLANT (BY SRI BASAVARAJ R MATH, ADVOCATE) AND: 1. AYUB ALI SYED, AGE: MAJOR, OCC:OWNER OF VEHILCE NO.AP.12/V-0754, R/O H.NO.17-08-544 WARD -17 CHANCHALGUDA HYDERABAD, ANDHRA PRADESH-500024. TEL HMTNR, FAX-HMTNR0809230005 2. THE MANAGER, SHRI RAM GENERAL INSURANCE COMPANY LTD., ADDRESS:E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN-302022. CONTACT (TOLL FREE):1800-130-7474/1800-300-3000 …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF W.C. ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD - 2 - DATED 28.02.2018 PASSED BY THE 2ND ADDL.SENIOR CIVIL JUDGE AND JMFC BIDAR IN ECA NO.44/2014. 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 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. - 3 - 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