Karnataka High Court
Sameena K A vs Azeedh B on 12 March, 2022
Bench: Lok Adalath
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH 2022
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE G NARENDAR
&
SRI. M B NARAGUND, MEMBER
M.F.A.No. 3763/2021(MV)
(Lok Adalat No.390/2022)
BETWEEN:
1. SAMEENA K A
NOW AGED 31 YEARS,
W/O LATE KALANDAR SHAFI
2. IBRAHIM SHAHEERA
NOW AGED 7 YEARS,
S/O LATE KALANDAR SHAFI
3. FATHIMATH SHAMNA
NOW AGED 11YEARS,
D/O LATE KALANDAR SHAFI
4. MRS MAIMUNA
NOW AGED56 YEARS,
W/O IBRAHIM
MOTHER OF LATE KALANDAR SHAFI
5. IBRAHIM
NOW AGED 58 YEARS,
S/O ALTE ABDULLA
FATHER OF LATE KALANDAR SHAFI
APPELLANT NO.2 AND 3 ARE MINORS
2
REP. BY THEIR NATURAL GUARDIA/
MOTHER/APPELLANT NO.1 HEREIN
SMT. SAMEENA K.A
ALL APPELLANTS /AT 4-87,
PARIVARAKANA HOUSE, ALETTY VILLAGE
SULLIA TALUK, DAKSHINA KANNADA
DISTRICT PIN-574239
... APPELLANTS
(BY SRI. VISHWANATHA POOJARY.K, ADVOCATE)
AND:
1. AZEEDH B
NOW AGED ABOUT 35 YEARS,
S/O ABDULLA @ ANDA BYARI
R/AT MENALA HOUSE AJJAVARA
VILLAGE AND POST SULLIA TALUK
DAKSHINA KANANDA DISTRICT
PIN-574239
2. THE MANAGER
NATIONAL INSURANCE CO. LTD
BRANCH OFFICE, 1ST FLOOR
SHRI KSHETHRA DHARMASTHALA
BUILDING,MAIN ROAD, PUTTUR,
PUTTUR TALUK,
DAKSHINA KANADA DISTRICT
PIN-574201
... RESPONDENTS
(BY SRI. SHIVARAJ PATIL, ADV., FOR R-2 )
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2020 PASSED IN MVC
NO.1694/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, XI
D.K.MANGALURU, SITTING AT PUTTUR D.K., PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON CONCILIATION BEFORE MEGA LOK
ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellants - Claimants is
present through video conferencing/Physical Hearing. The learned
Counsel appearing for the Respondent - Insurance Company along
with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo
signed by the learned advocate appearing for the appellants/claimants
(being authorized by the appellants/claimants to sign) and the learned
advocate appearing for the respondent - Insurance Company and its
authorized officer is filed. The appellants-claimants have agreed to
receive and the respondent-Insurance Company has agreed to pay a
lump-sum of Rs.3,20,000/- (Rupees Three Lakh Twenty Thousand
only), in addition to what has been awarded by the claims tribunal, in
full and final settlement of the claim.
3. 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.
4. The apportionment and release of the enhanced compensation is
as per the order the tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of
the Joint memo. The Judgment of the Tribunal shall stands modified
accordingly. Draw up the Award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
VS
