Karnataka High Court
Smt.Raziya Begum @ Rajiya Begum vs Hanumantharaja S/O Kencha ... on 12 March, 2022
Bench: Lok Adalath
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.101153/2019 [MV]
(Lok Adalat No.330/2022)
BETWEEN:
1. SMT.RAZIYA BEGUM @ RAJIYA BEGUM
W/O K.MD.AHAMMED HUSSAIN
AGED:27 YEARS,
OCC:HOUSE WIFE,
R/O 14TH WARD,
RUPANAGUDI ROAD,
BESIDE VARABASAPPA TEMPLE,
ASHA BEE COLONY,
BALLARI
DIST:BALLARI-583102
2. MINOR ABID HUSSAIN S/O LATE
K.MD.AHAMMED HUSSAIN
AGED:9 YEARS,
OCC:STUDENT,
R/O 14TH WARD,
RUPANAGUDI ROAD,
BESIDE VARABASAPPA TEMPLE,
2
ASHA BEE COLONY,
BALLARI
DIST:BALLARI-583102
3. MINOR K.ASMA D/O LATE
K.MD.AHAMMED HUSSAIN
AGED:3 YEARS,
OCC:NIL,
R/O 14TH WARD,
RUPANAGUDI ROAD,
BESIDE VARABASAPPA TEMPLE,
ASHA BEE COLONY,
BALLARI
DIST:BALLARI-583102
(NOTE: SINCE THE APPELLANT NOS.2 & 3 ARE
MINORS REP. BY HER MINORS GUARDIAN MOTHER
SMT. RAZIYA BEGUM I.E. APPELLANT NO.1
... APPELLANTS
(BY SRI. GURURAJ R TURAMARI.,ADVOCATE)
AND:
1. HANUMANTHARAJA S/O KENCHA VEERAPPA B.
AGED:42 YEARS,
OCC:DRIVER OF BUS BEARING
REG NO.KA-17/B-2039,
R/O:BONDE BOMMENAHALLI VILLAGE,
TQ:HOLALKERE
DIST:CHITRADURGA-577526
2. SYED SADATH J.S. S/O. VALI SAB,
AGE:47 YEARS,
OCC:OWNER OF BUS BEARING
REG.NO.KA-17/B-2039,
R/O.:15TH CROSS,
3RD MAIN ROAD,
KTJ NAGAR,
DAVANGERE,
DIST:DAVANGERE-577001
3
3. M/S.NEW INDIA ASSURANCE COMPANY
LIMTED BY ITS DIVISIONAL MANAGER,
EDIGA HOSTEL COMPLEX,
COURT ROAD, BALLARI,
DIST:BALLARI-583102
4. ABDUL KHADER S/O K.BASHA SAB
AGE:59 YEARS, OCC:BUSINESS,
R/O. 14TH WARD, RUPANAGGUDI ROAD,
BESIDE VARABASAPPA TEMPLE,
ASHA BEE COLONY, BALLARI
DIST:BALLARI-583102
5. SMT.AZEEZA BEGUM W/O K.ABDUL KHADER
AGE:57 YEARS, OCC:HOUSE WIFE,
R/O. 14TH WARD,
RUPANAGGUDI ROAD,
BESIDE VARABASAPPA TEMPLE,
ASHA BEE COLONY, BALLARI,
DIST:BALLARI-583102
...RESPONDENT'S
(BY SRI.M.Y.KATGI, ADV. FOR R3
R1 & R2 NOTICE DISPENSED WITH.
SRI. R.N.PATIL, ADV. FOR R4 & R5, ADVOCATE)
MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED
21.07.2018 PASSED IN MVC NO.198/2017 ON THE FILE OF
THE II ADDITIONAL DISTRICTAND SESSIONS JUDGE, AND
MEMBER, 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 its counsel are present.
2. After prolonged negotiations, the matter is
settled. The Appellants-claimants have agreed to
receive and the Respondent-Insurance Company has
agreed to pay a global compensation of Rs.5,00,000/-
(Rupees Five lakh 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 ordered by the
Tribunal shall hold good for the compensation
awarded in this appeal. Out of the compensation
awarded, 40% of the amount is ordered to be kept in
fixed deposit in any nationalized bank or scheduled
bank of claimants' choice for a period of three years
and he would be entitled to withdraw periodical
interest. Balance 60% of the amount is ordered to be
released to appellant No.1 on proper identification.
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
Vmb
