Mrs Shahbaz Banu vs Sri Peethani Raghavendra
2021 Latest Caselaw 6743 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. 2830/2020 (MV)
               (Lok Adalat No. 2663/2021)

BETWEEN:


    1. MRS SHAHBAZ BANU
       W/O LATE KHIZAR ULLA KHAN
       NOW AGED ABOUT 25 YEARS,

    2. BABY FATHIMA BANU
       D/O LATE KHIZAR ULLA KHAN
       NOW AGED ABOUT 6 YEARS,

    3. MAST UMA ULLA KHAN
       S/O LATE KHIZAR ULLA KHAN
       NOW AGED ABOUT 5 YEARS,

    4. MRS MUBARAK UNNISA
       W/O ANSAR KHAN
       NOW AGED ABOUT 52 YEARS,

    5. MR ANSAR KHAN
       S/O DASTAGIR SAB
       NOW AGED ABOUT 57 YEARS,
                                 2




         2ND AND 3RD MINOR APPELLANTS ARE
         REPRESENTED BY NATURAL GUARDIAN/
         MOTHER, 1ST APPELLANT HEREIN
         ALL ARE RESIDING AT NO.786,
         WARD NO.35, NEAR NOOR MASJID
         MEHABOOD NAGAR, KOLAR TOWN

                                              ... APPELLANTS
   (BY, SRI. N.GOPAL KRISHNA, JAGADISH.G.KUMBAR ADVOCATES)
AND:
       1. SRI PEETHANI RAGHAVENDRA
          S/O BANGARA RAO
          NOW AGED ABOUT 35 YEARS,
          RESIDING AT D NO.1-175
          PADAMATI PALEM
          KONITHIWADA POST
          VEERAVASARAM MANDAL
          WEST GODHAVARI DISTRICT
          ANDHRA PRADESH-534240

       2. The ORIENTAL INSURANCE COMPANY Ltd.,
          REGOINAL OFFICE NO. 44/45
          LEO SHOPPING COMPLEX
          RESIDENCY ROAD,
          BENGALURU-560025
          REP BY ITS MANAGER
                                               ... RESPONDENTS

(BY SRI. ASHOK N PATIL ADV., FOR R-2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2018 PASSED IN MVC NO.7475/2017 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 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.7,75,000/- (Rupees Seven Lakhs Seventy Five

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 Judgment 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

VS