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2025 DAILYLAW 9850 (KAR)

SRI RAM GENERAL INSURANCE CO. LTD v. JAY RAM AND ANR

MFA/201973/2022 · 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.201973 of 2022 (MV-I) C/W M.F.A. NO.201364/2023 (MV-I) Lok Adalat No.196/2025 IN M.F.A. NO.201973/2022: BETWEEN SHRI RAM GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, CTS NO.477/1, M-1, 1ST FLOOR, V.A. KALABURAGI HALL MARK BUILDING, DESAI CROSS, PINTO ROAD, HUBALI-580020. (INSURER OF OFFENDING AUTO VEHICLE BEARING NO. KA-33/A-3123. PRESENTLY REPRESENTED BY ITS, SHRI RAM GENERAL INSURANCE CO. LTD., NO.3/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF BHANNERUGHATTA ROAD, IIMB POST, BENGALURU-560 076. ...APPELLANT (BY SRI. SUDARSHAN M., ADVOCATE) - - 2 AND 1. JAY RAM S/O TOPU NAYAK @ TIPPANNA RATHOD, AGE: 50 YEARS, OCC: AGRICULTURE AND VEGETABLE BUSINESS, (NOW NIL), R/O NAGANATAGI DONGRI NAYA TANDA, TQ. SHAHAPUR, DIST. YADAGIRI, NOW @ MUNDARGI VILLAGE, TQ. AND DIST. YADAGIRI-585 321. 2. MOHAMMED HAJI S/O MOHAMMED UMAR SAB, AGE: 50 YEARS, OCC: BUSINESS, R/O H.NO. 21-60, VIDYANAGAR, SHAHAPUR, DIST. YADGIRI-585 223. …RESPONDENTS (BY SRI. S.V. PARADDY, ADVOCATE, FOR R1; V/O DTD. 04.01.2024, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 06.01.2022 PASSED IN MVC NO.206/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT-II AT YADGIRI. IN M.F.A. NO.201364/2023: BETWEEN JAY RAM S/O TOPU NAYAK @ TIPPANNA RATHOD, AGE: 50 YEARS, OCC: AGRI AND VEGETABLE BUSINESS (NOW NIL), R/O NAGANATAGI DONGRI NAYAK TANDA, TQ. SHAHAPUR, DIST. YADGIRI, NOW AT MUNDARGI VILLAGE, TQ. AND DIST. YADGIRI. ...APPELLANT (BY SRI. S.V. PARADDY, ADVOCATE) - - 3 AND 1. MOHAMMED HAJI S/O MOHAMMED UMAR SAB, AGE: 51 YEARS, OCC: BUSINESS, R/O H.NO. 21-60 VIDYANAGAR, SHAHAPUR, TQ. SHAHAPUR, DIST. YADGIRI. 2. SHRI RAM GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, CTS NO. 477/1M1, 1ST FLOOR, V.A. KALABURAGI HALL MARK BUILDING, DESAI CROSS, PINTO ROAD, HUBLI-580 020. …RESPONDENTS (BY SRI SUDARSHAN M., ADVOCATE, FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND ENHANCE COMPENSATION OF RS.10,41,338/- ALONG WITH INTEREST AT 12% P.A. BY MODIFYING THE JUDGMENT AND AWARD DATED 06.01.2022 PASSED BY THE SENIOR CIVIL JUDGE AND MACT-II AT YADGIRI, IN MVC NO. 206/2017. THESE APPEALS 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. - - 4 2. After prolonged negotiations, the matter is settled. The Appellant/Insurance Company has agreed to pay and the Respondent-Claimant has agreed to receive a lump-sum of compensation of Rs.50,000/- (Rupees 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 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 MFA No.201364/2023 stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. - - 5 6. In view of the settlement arrived in MFA No.201364/2023 filed by the claimant, the MFA No.201973/2022 filed by the Insurance Company is also stands disposed of. 7. Draw up the award accordingly. Sd/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SBS