Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9898 (KAR)

SANIYA v. MAKTUM PATEL AND ANR

MFA/201476/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- - 2 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE SPECIAL LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL AND SRI SUDHEER KULKARNI, MEMBER M.F.A. NO.201476 OF 2024 (MV-I) Lok Adalat No.207/2025 BETWEEN: SANIYA D/O BANDENAWAZ, AGE: 14 YEARS, OCC: STUDENT, SINCE MINOR R/BYNEXT FRIEND/FATHER, BANDENAWAZ S/O MAHEBOOBSAB, AGE: 42 YEARS, OCC: BUSINESS, R/O KANNALLI, TQ. SHORAPUR, DIST: YADGIRI – 585201. ...APPELLANT (BY SRI KOUJALAGI C.L, ADVOCATE) AND 1. MAKTUM PATEL S/O ALI PATEL, AGE: 46 YEARS, OCC: BUSINESS, R/O NO.352/1, E MADINA NAGAR, BOMMANAHALLI, BENGALURU RURAL, BENGALURU-560068. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, SANGAMA BUILDING, S.S. FRONT ROAD, VIJAYAPURA-585101. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) - - 3 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 15.09.2022 PASSED IN MVC NO.95/2018 ON THE FILE OF THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII VIJAYAPURA AT VIJAYAPURA. AND ALLOW THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY RS.22,75,000/- ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS HON’BLE COURT. 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 their 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.20,000/- (Rupees Twenty 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 - - 4 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/- (SUDHEER KULKARNI) MEMBER MCR