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Karnataka High Court

Abbsali vs Dhl Ecommerce India Llp And Anr on 12 July, 2025

                          1



 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI

               BEFORE THE LOK-ADALAT

        IN THE HIGH COURT OF KARNATAKA

                 KALABURAGI BENCH

        DATED THIS THE 12TH DAY OF JULY, 2025

               CONCILIATORS PRESENT

      THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

                         AND

            SMT. VIJAYA M. PATIL, MEMBER

             M.F.A. NO.200230/2025(MV)

              LOK ADALAT NO. 384/2025
BETWEEN:

ABBASALI
S/O IBRAHIMSAB KHATIK,
AGE:61 YEARS,
OCC:BUSINESS,
RESIDENT OF NEAR HANAMANT GUDI AGASI,
SINDAGI, DIST: VIJAYAPURA - 586 128.
                                             ...APPELLANT

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND
1.  DHL E-COMMERCE INDIA LLP,
    HOUSE NO.579, K-SQUARE, NH-3,
    MUMBAI-NASHIK HIGHWAY,
    KURUND VILLAGE, BHIWANDI,
    THANE,
    STATE MAHARASHTRA - 421 302.
                                2



2.    THE BRANCH MANAGER,
      NEW INDIA ASSURANCE CO. LTD,
      HANAMASHETTY BUILDING, GURUKUL,
      VIJAYAPURA - 586 101.

                                            ...RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE; V/O DATED 20.02.2025, NOTICE TO R1 IS D/W) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGEMENT AND AWARD DATED 05.09.2023 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT VI AT VIJAYAPURA, IN M.V.C NO.66/2020, IN THE INTEREST OF JUSTICE AND EQUITY. 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 No.2-Insurance Company along with its counsel are present.
2. After prolonged negotiations, the matter is settled.

The appellant/claimant has agreed to receive and respondent No.2-Insurance Company has agreed to pay a lump-sum of compensation of Rs.25,000/- (Rupees Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in 3 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 appellant/claimant, on proper identification.

4. Respondent No.2-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/-

(K. S. HEMALEKHA) JUDGE Sd/-

(VIJAYA M. PATIL) MEMBER