Shahira @ Shayarabi Rafik Fakir vs Badesab Imamsab Sabar
2021 Latest Caselaw 6459 Kant

     HIGH COURT LEGAL SERVICES COMMITTEE
               DHARWAD BENCH

BEFORE THE LOK ADALAT IN THE HIGH COURT OF
        KARNATAKA DHARWAD BENCH

 DATED THIS THE 18TH DAY OF DECEMBER, 2021

                CONCILIATORS PRESENT

         THE HON'BLE MRS.JUSTICE M.G.UMA
                       AND
        MRS.ANURADHA DESHPANDE, MEMBER

             M.F.A.NO.100396/2020 (MV)
             (LOK ADALAT NO.1821/2021)
BETWEEN :

SHAHIRA @ SHAYARABI RAFIK FAKIR
AGE : 32 YEARS, OCC : (TAILORING)
NOW NIL, R/O : ANAFWADI
TQ : BHUDARGAD. DIST : KOLHAPUR.
                                            ... APPELLANT.
(BY SRI.SANTOSH.R.KOLKAR., ADV.)

AND :

1.      BADESAB IMAMSAB SABAR
        AGE : 41 YEARS, OCC : BUSINESS,
        R/O : TALLUR, TQ : SOUNDATTI,
        DIST : BELAGAVI.
        (OWNER OF MOTOR CYCLE BEARING NO.KA-24-S-1288)
2.
        THE DIVISIONAL MANAGER
        THE ORIENTAL INSURANCE CO.LTD.,
        MADIWALE ARCADE, CLUB ROAD,
        BELAGAVI.

                                          ... RESPONDENTS

(BY SRI.M.K.SOUDAGAR., ADVOCATE R2;

THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2019 PASSED IN MVC NO.1948/2018 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

: CONCILIATION ORDER :

The learned counsel for the appellant 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 global compensation of Rs.1,70,000/-

(Rupees One Lakh Seventy 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 said 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/-

JUDGE

Sd/-

MEMBER

AM