Sirajuddin Mufeed Ahamed vs Abdul Khader
2022 Latest Caselaw 4613 Kant

     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. 5338/2020 (MV)
                   (Lok Adalat No.368/2022)
BETWEEN:

SIRAJUDDIN MUFEED AHAMED
AGED ABOUT 40 YEARS,
S/O S A RAZAAK
R/O SIRAJUDDIN COMPOUND
CHURCH ROAD
NEAR JAMIA MASJID
YADTHARE BYNDOOR
KUNDAPURA TALUK
UDUPI DISTRICT-576101

                                                ... APPELLANT
       (BY SRI. PAVANA CHANDRA SHETTY.H, ADVOCATE)
AND:
1.     ABDUL KHADER
       S/O CHAIYYABBA
       AGE MAJOR
       R/O 3-192, KAVALAKATTE
       BENGATHODI
       KAVALAPADOOR VILLAGE
       BANTWALA TALUK-574219
                                        2




2.    M/S NATIONAL INSURANCE CO. LTD
      BRANCH OFFICE KUNDAPURA
      SRI SAI CENTRE 2ND FLOOR
      MAIN ROAD, KUNDAPURA
      UDUPI DISTRICT-576101
      REP BY ITS BRANCH MANAGER
                                                 ... RESPONDENTS

(BY SRI. SRINIVASA K.N ADV., FOR R-2 )

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2019 PASSED IN MVC NO.1017/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, 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 Appellant - Claimant 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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellant-claimant has agreed to receive

and the respondent-Insurance Company has agreed to pay a lump-

sum of Rs.1,15,000/- (Rupees One Lakh Fifteen 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 entire enhanced compensation amount shall be released in

favour of the appellant - claimant, on proper identification.

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