M Altaf @ Althaf Markabbi vs Sri Shashibhushan M P
2022 Latest Caselaw 4630 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.7697/2019 (MV)
                   (Lok Adalat No.814/2022)


BETWEEN:

M ALTAF @ ALTHAF MARKABBI,
S/O RAHAMATHULLA,
AGED ABOUT 25 YEARS,
R/O HOMBALAGHATTA VILLAGE,
DAVANAGERE DISTRICT.
                                               ...APPELLANT
(BY SRI. HANUMANTHAPPA A., ADVOCATE)

AND:

1.     SRI. SHASHIBHUSHAN M. P.
       S/O LATE DR. POORYANAIK,
       AGED ABOUT 42 YEARS,
       R/O SEVALAL NILAYA, 7TH WARD,
       BHARATHI NAGAR LAYOUT,
       HARAPANAHALLI, DAVANAGERE - 577 001.

2.     THE BRANCH MANAGER
       THE NEW INDIA ASSURANCE COMPANY LTD.,
                                    2

      HARIHAR BRANCH,
      HARIHAR REP THROUGH ITS DIVISONAL MANAGER,
      NEW INDIA ASSURANCE COMPANY LTD.,
      NO. 289/12, 2ND FLOOR,
      A M ARCADE. VIDYARTHI BHAVAN,
      NEAR C J HOSPITAL ROAD,
      DAVANAGERE DISTRICT - 577 001.
                                            ...RESPONDENTS

(BY SRI. ASHOK N.PATIL, ADVOCATE FOR R2)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 23.08.2018, PASSED IN MVC NO.765/2017, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND V-MACT, DAVANAGERE, 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 Appellant - Claimant is

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 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.20,000/- (Rupees Twenty 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 entire enhanced compensation amount shall be disbursed 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 and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER PK