Reshma Banu vs P Rajan
2021 Latest Caselaw 6729 Kant

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     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 P.S.DINESH KUMAR
                             &
                  SMT. S.SUSHEELA, MEMBER

                  M.F.A.No. 4081/2020 (MV)
                 (Lok Adalat No. 2906/2021)

BETWEEN:
    RESHMA BANU
    DEAD BY HER LRS.

1.    SYED AFSAR,
      S/O SYED ABBAS,
      AGED ABOUT 41 YEARS,

2.    SYED MATEEN,
      S/O SYED AFSAR,
      AGED ABOUT 27 YEARS,

3.    RUKESAR,
      D/O SYED AFSAR,
      AGED ABOUT 25 YEARS,

4.    SYED TAHIR
      S/O SYED AFSAR,
      AGED ABOUT 15 YEARS

      NO.4 IS MINOR, REPRESENTED
      BY HIS FATHER AND NATURAL GUARDIAN,
      SYED AFSAR.
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       ALL ARE RESIDING AT NO.03,
       S-H 13TH F CROSS, PADARAYANAPURA,
       BANGALORE - 560 026
                                               ... APPELLANTS
       (BY SRI. VISHWANATHA K, ADVOCATE)


AND:


1.     P.RAJAN,
       S/O MARI, NO.27,
       RUDRAPPA GARDEN,
       VIVEKNAGAR,
       BANGALORE - 560 046

2.     BAJAJ ALLIANZ GENERAL
       INSURANCE COMPANY LTD.,
       NO.105-A TO 107-A.
       NO.136, 1ST FLOOR,
       CEARS PLAZA, RESIDENCY
       ROAD, BENGALURU - 560 025

                                              ... RESPONDENTS

(BY SRI. B PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.01.2020 PASSED IN MVC NO. 1290/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), 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 is present through video conferencing/Physical Hearing. 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.4,50,000/- (Rupees Four Lakh and Fifty Thousand only), in addition to what has been awarded by the claims 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgement and Award passed by the Claims Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER RN