Mukthiyar @ Muktiyar vs Sadiq Basha
2021 Latest Caselaw 6721 Kant

     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 MRS. JUSTICE S.SUJATHA

                             &

             SMT. MANJULA N TEJASWI, MEMBER

                  M.F.A.No.238/2021 (MV)
                 (Lok Adalat No.3048/2021)

BETWEEN:

1 . MUKTHIYAR @ MUKTIYAR
    S/O VAHAB @ VAHAB SAB
    AGED ABOUT 27 YEARS
    RESIDING AT NO.61
    ALKALPURA VILLAGE
    GOWRIBIDANUR TALUK
    CHIKKABALLAPURA DISTRICT.

                                              ... APPELLANT

(BY SRI. KAILAS SHANKAR P S, ADVOCATE)
AND:

1.   SADIQ BASHA.S
     S/O ALEEM BASHA D
     MAJOR
     NO.2-1-129
     MUIKKIDIPETA HINDUPUR
     ANANTHAPURA DISTRICT
     ANDHRA PRADESH.
                                     2




2.   THE MANAGER
     SHRIRAMA GENERAL INSURANCE CO. LTD.,
     REGIONAL OFFICE NO.4/5 3RD FLOOR
     S V ARCADE BILEKAHALLI MAIN ROAD,
     OFF-B G ROAD
     IIM POST
     BANGALORE-560076.
                                               ... RESPONDENTS

(BY SRI. B.C.SHIVANNE GOWDA ADV., FOR R-2)

THIS MFA FILED U/S.173(1) OF THE MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.01.2020 PASSED IN MVC NO.4065/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-11), 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 Appellant - Claimant is

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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellant-claimant has agreed to receive

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

sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only), in

addition to what has been awarded by the Tribunal, in full and final

settlement of the claim.

3. 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.

4. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.30,000/- is directed to be invested in

Fixed Deposit in the name of the appellant/claimant in any

Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years

with liberty to the appellant/claimant to withdraw interest periodically.

The remaining amount of Rs.1,50,000/- is ordered to be released in

favour of the appellant/claimant, on proper identification.

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

VS