Karnataka High Court
Haseena Noorhameed Pachapuri vs Coldstar Logistics Pvt.Ltd on 12 March, 2022
Bench: Lok Adalath
HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF MARCH, 2022
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE P.N.DESAI
AND
SHRI J.S.SHETTY, MEMBER
MFA NO.20079/2013 (MV)
LOK ADALAT NO.486/2022
BETWEEN
1. SMT. HASEENA NOORHAMEED PACHAPURI
AGE: 38 YEARS, OCC: HOUSEHOLD WORK
R/O.KAKAR STREET, CAMP HOUSE NO.60
CAMP, BELGAUM, DIST: BELGAUM.
2. NOORAHAMEED GOUDSAHEB PACHAPURI
AGE: 49 YEARS, OCC: DRIVER
R/O.KAKAR STREET,
CAMP HOUSE NO.60 CAMP,
BELGAUM, DIST: BELGAUM.
...APPELLANTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND
1. COLDSTAR LOGISTICS PVT.LTD.
DOOR NO.8057/1 PLOT 1 AND 2A
2
SY.NO.240/A 241/A,
VILLAGE, ISNAPOOR,
DIST: MEDAK PIN-502307
STATE ANDRA PRADESH
(OWNER OF EICHER TRUCK NO.AP-23/Y-2367).
2. HDFC ERGO GENERAL INSURANCE COMPANY LTD.
R/O.1ST FLOOR, VIRUPAKSHKRUPA
OPP: KIMS MAIN GATE,
R.B.ROADVIDYA NAGAR,
HUBLI-580021
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 29.12.2011 IN
MVC NO.1533/2011 PASSED BY THE LEARNED PRESIDING
OFFICER, FTC-II & MEMBER ADDL. MACT BELGAUM.
THIS MFA COMING ON FOR CONCILIATION BEFORE LOK
ADALAT AFTER BEING REFERRED BY THE COURT, THE
FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The learned counsel for the appellants and the
representative of Respondent No.2 - Insurance Company
along with its counsel are present.
2. After prolonged negotiations, the matter is
settled. The appellants - claimants have agreed to
receive and the respondent No.2 - Insurance Company
has agreed to pay a global compensation of
Rs.6,50,000/- (Rupees Six Lakh Fifty 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. The same is
accepted.
3. Out of the said amount, 50% of the amount
i.e.,a sum of Rs.3,25,000/- (Three Lakh Twenty Five
Thousand only) is ordered to be released in favour of the
appellants-claimants and remaining 50% of amount is
ordered to be deposited in the names of appellants-
claimants in a nationalized Bank in terms of the order of
apportionment passed by the Tribunal, for a period of
five years.
4. The respondent No.2-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
RH
