Asmath Unissa vs Aslam
2022 Latest Caselaw 4579 Kant

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     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.4203/2021 (MV)
                  (Lok Adalat No.775/2022)


BETWEEN

1.    ASMATH UNISSA
      W/O. LATE SYED MUJAHID
      AGED ABOUT 32 YEARS.

2.    NAWAZ PASHA
      S/O. LATE SYED MUJAHID @ MUJAHEED PASHA
      AGED ABOUT 8 YEARS.

3.    S. MUSTHAQHIEEM
      S/O. LATE SYED MUJAHID @ MUJAHEED PASHA
      AGED ABOUT 5 YEARS.

4.    SYED JAN
      S/O SYED USMAN SAB
      AGED ABOUT 62 YEARS.

5.    NAJMUNNISSA
      W/O SYED JAN
      AGED ABOUT 57 YEARS.
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      ALL ARE RESIDING AT NO.334,
      HUSSAINIYA MASJID ROAD
      NEAR INDRA MEMORIAL SCHOOL
      D.J HALLI
      BANGALORE-560045.
                                                 ...APPELLANTS

(BY SRI. SREENIVASAIAH.A, ADVOCATE)

AND

1.    ASLAM
      S/O. SYED AMEER JAN
      NO.USSS NEAR MASJID
      BELATHURU COLONY
      BANGALORE-560067.

2.    THE MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
      GOLDEN HEIGHTS 4TH FLOOR,
      NO.1/2, 59TH CROSS,
      4TH N BLOCK
      RAJAJINAGAR
      BANGALORE-560010.

                                                ...RESPONDENTS

(BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R2)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.03.2021 PASSED IN MVC NO.827/2019 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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.5,30,000/- (Rupees Five Lakhs and Thirty Thousand

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