Raheema Bee And Ors vs Suresh And Anr
2022 Latest Caselaw 4265 Kant

      IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

      HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

                BEFORE THE LOK-ADALAT

         DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                         AND

               SRI A. M. PATIL, MEMBER


              M.F.A.No.200213/2022 (MV)
                Lok Adalat No.170/2022
BETWEEN:

01.    RAHEEMA BEE W/O MD. JAFARSAB
       AGE: 46 YEARS OCC: NIL
       R/O: H.NO.12-02, VILLAGE NIRNA
       TQ: HUMNABAD-585 330.

02.    JAFARSAB S/O MD. JAFARSAB
       AGE: 51 YEARS OCC: NIL
       R/O: H.NO.12-02, VILLAGE NIRNA
       TQ: HUMNABAD - 585 330.

03.    MD. ISMAIL S/O MD. JAFARSAB
       AGE: 18 YEARS OCC: STUDENT
       R/O: H.NO.12-02, VILLAGE NIRNA
       TQ: HUMNABAD - 585 330.
                                        ... APPELLANTS

(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
                            2




AND:


01.    SURESH S/O LATE PEERANNA
       AGE: 41 YEARS OCC: GOVERNMENT SERVANT
       WORKING IN FOREST DEPARTMENT
       R/O: H.NO.15-787, PRIYADARSHINI COLONY
       CHITAGUPPA
       TQ: CHITAGUPPA DIST: BIDAR - 585 412


02.    THE BRANCH MANAGER
       NATIONAL INSURANCE COMPANY LTD.,
       BRANCH OFFICE, VEERBHADRESHWAR COMPLEX
       KANNADAMBA CHOWK,
       BIDAR-584 101.

                                      ... RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH BY SMT.PREETI PATIL MELKUNDI, ADV., FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MV

ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE

IMPUGNED JUDGMENT AND AWARD DATED 23.09.2021

PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND

MACT, BIDAR IN MVC.NO.404/2020.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT THIS DAY, THE FOLLOWING ORDER

CAME TO BE PASSED:

CONCILIATION ORDER

Learned counsel for the appellants and the

representative of Respondent - Insurance Company along

with its counsel are present.

2. The learned counsel Smt. Preeti Patil Melkundi,

is directed to accept notice for the respondent No.2.

3. On negotiations, the claimants and the insurer

have settled the matter for lump-sum compensation of

Rs.3,40,000/- (Rupees Three Lakhs Forty Thousand Only),

in addition to the compensation awarded by the Tribunal,

in full and final settlement of the claim of the claimants. A

Joint Memo is filed on behalf of the parties to that effect.

The same is recorded.

4. The insurer has agreed to deposit the said

amount before the Tribunal within six weeks from the date

of drawing of the 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 amount settled shall be released to the

appellants - claimants with proper identification of the

appellants - claimants.

6. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

stands modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER KJJ