Smt. Shankeera W/O Jalaluddin ... vs Shri. Mehabubpasha Rukmoddin ...
2022 Latest Caselaw 4358 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.101878/2021 [MV-D]

           (Lok Adalat No.2055/2021)

BETWEEN:

1.   SMT. SHANKEERA W/O JALALUDDIN MARUF
     AGE. 49 YEARS, OCC. HOUSEHOLD WORK,
     R/O. KUDACHI, TQ. RAIBAG,
     DIST. BELAGAVI 591317,
     PRESENTLY AT SHIVAJI NAGAR,
     NIGH OF VIRABHADRA TEMPLE,
     BELAGAVI.


2.   SMT. BADIBHI W/O MEHBUBPASHA CHAMANSHAIKH
     AGE. 39 YEARS, OCC. HOUSEHOLD WORK,
     R/O. KUDACHI, TQ. RAIBAG,
     DIST. BELAGAVI 591317,
     PRESENTLY AT SHIVAJI NAGAR,
     NIGH OF VIRABHADRA TEMPLE,
     BELAGAVI.
                             2




3.   SMT. ZAHEDA W/O AINODDIN CHAMANSHAIKH
     AGE. 56 YEARS, OCC. HOUSEHOLD WORK,
     R/O. KUDACHI, TQ. RAIBAG,
     DIST. ELAGAVI 591317,
     PRESENTLY AT SHIVAJI NAGAR,
     NIGH OF VIRABHADRA TEMPLE,
     BELAGAVI.

4.   SMT. ASIRA W/O KHUTABODDIN CHAMANSHAIKH
     AGE. 54 YEARS, OCC:
     R/O. KUDACHI, TQ. RAIBAG,
     DIST. BELAGAVI 591317,
     PRESENTLY AT SHIVAJI NAGAR,
     NIGH OF VIRABHADRA TEMPLE,
     BELAGAVI.

                                        ...PETITIONER'S

(BY SRI. ASHOK A NAIK, ADVOCATE)


AND:

1.   SHRI. MEHABUBPASHA RUKMODDIN CHAMANSHIKH
     AGE. MAJOR, OCC. AGRI,
     R/O. KUDACHI, TQ. RAIBAG,
     DIST. BELAGAVI 591317.


2.   THE DIVISIONAL MANAGER
     THE NEW INDIA ASSURANCE COMPANY LTD.,
     D. O. CLUB ROAD,
     BELAGAVI 590001.

                                       ...RESPONDENT'S

(BY SRI. S. S. KOLIWAD, ADV. FOR R2; R1-NOTICE IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.04.2021

PASSED IN MVC NO.454/2017 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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 appellant and the

representative of Respondent-Insurance Company along

with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimant has agreed to receive and

the Respondent-Insurance Company has agreed to pay a

global compensation of Rs.4,00,000/- (Rupees Four Lakhs

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. The order of apportionment and deposit

ordered by the Tribunal shall hold good for the

compensation awarded in this appeal.

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