Hussain Shariff vs Kuldeep Singh Dhillon
2021 Latest Caselaw 6519 Kant

                                   1


     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF DECEMBER, 2021

                     CONCILIATORS PRESENT:

             THE HON'BLE MR. JUSTICE G.NARENDAR

                                 &

               SRI. VIJAYKUMAR A. PATIL, MEMBER


                    M.F.A.No.5011/2021 (MV)
                   (Lok Adalat No.2476/2021)

BETWEEN:

1.     HUSSAIN SHARIFF,
       S/O. LATE KHASIM SHARIFF,
       AGED ABOUT 59 YEARS.

2.     MUMTHAZ BEGUM
       W/O. HUSSAIN SHARIFF
       AGED ABOUT 53 YEARS.

       BOTH ARE RESIDING AT
       NO.27, LIG, KHB COLONY,
       6TH CROSS, UDAYAGIRI
       MYSURU-570019.
                                               ... APPELLANTS

(BY SRI. SHANTHARAJ.K, ADVOCATE)

AND:

1.     KULDEEP SINGH DHILLON
       S/O. HEERA SINGH DHILLON
                                  2

     AGED MAJOR,
     C/O. DHILLOR TRAILOR SERVICE,
     TATI BANDH, RAIPUR,
     RAIPUR DISTRICT,
     CHATTISGARH-492 001.

2.   NATIONAL INS.CO. LTD.,
     BY ITS MANAGER,
     DIVISIONAL OFFICE-II,
     NO.1, SRI SRINIVASA PLAZA,
     1ST FLOOR, 5TH STAGE,
     ADICHUNCHANAGIRI ROAD,
     KUVEMPUNAGAR,
     MYSURU-570023.

                                                  ... RESPONDENTS

(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:23.02.2021, PASSED IN MVC NO.537/2017, ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants are

present. The learned Counsel appearing for the Respondent -

Insurance Company along with its representative are present.

2. After prolonged negotiations, the matter is settled. A joint memo

signed by the learned advocate appearing for the appellants/claimants

(being authorized by the appellants/claimants to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellants-claimants have agreed to

receive and the respondent-Insurance Company has agreed to pay a

lump-sum of Rs.10,00,000/- (Rupees Ten Lakhs only), in addition to

what has been awarded by the Tribunal, in full and final settlement of

the claim.

3. The Respondents - Insurance Company have 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.

4. The apportionment, deposit and release of the enhanced

compensation amount shall be made as per the Judgment and Award

passed by the Claims Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK