Sri.Valibasha S/O Late Ibrahim ... vs Sri.Shashavali S/O Allabakshi
2022 Latest Caselaw 4334 Kant

     HIGH COURT LEGAL SERVICES COMMITTEE,
               DHARWAD BENCH

              BEFORE THE LOK ADALATH

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

     DATED THIS THE 12 T H DAY OF MARCH, 2022

              CONCILIATORS PRESENT:

       HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                          AND
     SMT. ANURADHA R.DESHAPANDE, MEMBER


             M.F.A.No.101879/2019 [MV]

              (Lok Adalat No.452/2022)

BETWEEN:


1.   SRI. VALIBASHA S/O. LATE IBRAHIM SAB
     AGE: 39 YEARS, OCC: COOLIE,

2.   MINOR JALALI BASHA S/O. VALIBASHA,
     AGE: 17 YEARS, OCC: STUDENT,

3.   MINOR MOHAMED RAFI S/O. VALIBASHA
     AGE: 14 YEARS, OCC: STUDENT,

4.   MINOR NASIRN D/O. VALIBASHA
     AGE: 13 YEAR, OCC: STUDENT,

     SINCE THE APPELLANTS NO.2 TO 4 ARE MINORS
     REPRESENTED BY THEIR FATHER
     APPELLANT NO.1 SRI. VALIBASHA
     S/O. LATE IBRAHIM SAB
                               2




     AGE: 39 YEARS, OCC: COOLIE,
     R/O. WAR NO.2, BELAGAL VILLAGE,
     TQ. AND DIST. BALLARI-583101.
                                               ...APPELLANTS

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV.)


AND:


1.   SRI. SHASHAVALI S/O. ALLABAKSHI
     AGE: 55 YEARS, RIDER OF MOTOR CYCLE
     REG. NO.KA-34/EF-0228,
     R/O. WAR NO.25,
     BASAVANAKUNTE, BALLARI-583101.

2.   SRI. BILEMSA USMAN BASHA
     S/O. B. USMAN BASHA
     AGE: 47 YEARS, OWNER OF THE MOTOR CYCLE
     RE. NO.KA-34/EF-0228,
     R/O. NEAR ANGANAWADI SCHOOL,
     KENCHAGAR BELAGAL,
     DIST. BALLARI-583101.

3.   THE DIVISIONAL MANAGER
     NEW INDIA ASSURANCE COMPANY LTD.,
     EDIGA HOSTEL COMPLEX,
     BALLARI-583101.
                                             ...RESPONDENTS

(BY SRI. S. V. YAJI, ADV. FOR R3;

R1 AND 2- NOTICE DISPENSED WITH)

MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.12.2018 PASSED IN MVC NO.672/2017 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellants and the

representative of Respondent-Insurance Company along

with their counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants-claimants has agreed to receive

and the Respondent-Insurance Company has agreed to

pay a global compensation of Rs.7,30,000/- (Rupees

Seven Lakh Thirty Thousand only), in addition to what has

been awarded by the Tribunal, in full and final settlement

of the claim. A joint Memo is filed on behalf of the parties

to this effect. Same is accepted.

3. Out of the enhanced compensation amount,

40% of the same shall be released in favour of the

appellant No.1. Remaining enhanced amount to be kept in

fixed deposit in the name of the minors till they attain the

age of majority as per the order of the Tribunal.

4. 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.

5. The Miscellaneous First Appeal stands disposed

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

shall stand modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

SMM