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2025 DAILYLAW 9887 (KAR)

MOHAMMED HUSSEN v. JAGANNATH AND ANR

MFA/201750/2023 · 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.201750 of 2023 (MV-I) Lok Adalat No.193/2025 BETWEEN: MOHAMMED HUSSEN S/O MOHAMMED YOUSUF, AGE: 33 YEARS, OCC: WATER SUPPLIER, R/O E/5/3887/7/2, AZADPUR ROAD, NEAR MOHAMMADIYA MASJID, UMER COLONY, KALABURAGI. ...APPELLANT (BY SRI SANJEEV PATIL, ADVOCATE) AND: 1. JAGANNATH S/O KASHAPPA DHAMMUR, AGE: MAJOR, OCC: OWNER OF MAHINDRA TRACTOR AND TRAILER NO. KA-32/T-6189 & 6190, R/O KAPNOOR VILLAGE, TQ. AND DIST. KALABURAGI-585 105. 2. THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD., OPP: S.B. PATIL BOOK HOUSE, 1ST FLOOR, - - 2 S.B. COMPLEX, OPP: SANGAM TALKIES, KALABURAGI-585 101. …RESPONDENTS (BY SRI. SUDARSHAN M., ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03.01.2023 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO.1261/2019 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR. 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.1,10,000/- (Rupees One Lakh Ten 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. The same is accepted. - - 3 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) MEMBER SMP