Shri Riyaz Khan vs Shri Wahid
2022 Latest Caselaw 4485 Kant

                              1

     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOKADALAT

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF MARCH, 2022

                   CONCILIATORS PRESENT:

             THE HON'BLE MRS. JUSTICE M.G.UMA

                              &

                  SMT. S.SUSHEELA, MEMBER


                  M.F.A.No.1366/2021 (MV)
                  (Lok Adalat No.777/2022)


BETWEEN

1.    SHRI. RIYAZ KHAN
      SON OF AHAMMED KHAN
      AGED ABOUT 42 YEARS.

2.    SMT. RESHMA
      W/O SHRI RIYAZ KHAN
      AGED ABOUT 37 YEARS.

3.    NOOR HARSHIYA
      DAUGHTER OF AHAMMED KHAN
      AGED ABOUT 19 YEARS.

4.    TABARAZ KHAN
      SON OF AHAMMED KHAN
      AGED ABOUT 16 YEARS.

      A-4 MINOR, REP BY NATURAL GUARDIAN A-1
      APPELLANTS NO.1 TO 4 ARE,
      RESIDING AT KENCHANAPALYA
                               2

      HULLINAHALLI POST,
      THIPPESANDRA HOBLI,
      MAGADI TALUK RAMANAGARA DISTRICT-562131.

                                                 ...APPELLANTS

(BY SRI. Y.K SHESHAGIRI RAO, ADVOCATE)

AND

1.    SHRI. WAHID,
      NO.39, 15TH CROSS
      GANGONAHALLI, NAYANDAHALLI
      BENGALURU-560039.

      (RC OWNER OF AUTORICKSHAW
      BEARING REG NO.KA-41-6966).

2.    BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
      GOLDEN HEIGHTS 4TH FLOOR
      NO.1/2, 59TH 'C' CROSS
      RAJAINAGAR
      BANGALORE-560010.

      (POLICY NO.OG-17-1701-1831-00003704
      VALID FROM 19-01-2017 TO 18-01-2017)

                                              ...RESPONDENTS

(BY SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.01.2019 PASSED IN MVC NO.5977/2017 ON THE FILE OF THE XXI ADDITIONAL SCJ AND XIX ACMM, MEMBER, MACT, BENGALURU SCCH-23 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants are

present. 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.5,00,000/- (Rupees Five Lakhs only), in addition to

what has been awarded by the 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 deposit and release of the enhanced compensation amount

shall be made as per the Judgment and Award passed by the Claims

Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

PK