Shaheen Begum And Ors vs Syed Meer Maqsood Ali And Anr
2023 Latest Caselaw 10058 Kant

Karnataka High Court

Shaheen Begum And Ors vs Syed Meer Maqsood Ali And Anr on 9 December, 2023

                         1




 HIGH COURT LEGAL SERVICES COMMITTEE,
             KALABURAGI
        BEFORE THE LOK-ADALAT
     IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH
     DATED THIS THE 9TH DAY OF DECEMBER,
                    2023
            CONCILIATORS PRESENT
      THE HON'BLE MR. JUSTICE C.M.JOSHI
                    AND
     SRI LIYAQAT FAREED USTAD , MEMBER
         M.F.A. NO.203309/2023 (MV)
           Lok Adalat No. 492/2023
BETWEEN:
1.    SHAHEEN BEGUM W/O LATE SHAKIRMIYAN
      AGE: 41 YEARS, OCC: HOUSEHOLD,

2.    ZEBA NIKHAT D/O LATE SHAKIRMIYAN
      AGE: 24 YEARS, OCC: HOUSEHOLD,

3.    SHOEB OSMAN S/O LATE SHAKIRMIYAN
      AGE: 22 YEARS, OCC: HOUSEHOLD,

4.    SHIBA BASHAT D/O LATE SHAKIRMIYAN
      AGE: 20 YEARS, OCC: HOUSEHOLD,

5.    MOHAMMED ZAHID UMAIR S/O LATE SHAKIRMIYAN
      AGE: 16 YEARS, MINOR,

6.    MOHAMMED REHAN S/O LATE SHAKIRMIYAN
      AGE: 15 YEARS, MINOR,

7.    AZMATH BEE W/O MOHAMMED JABBARMIYAN
      AGE: 54 YEARS, OCC: HOUSEHOLD
                              2




      APPELLANT NO.5 AND 6 ARE MINORS
      U/G OF THEIR NATURAL MOTHER
      APPELLANT NO.1 SHAHEEN BEGUM

      ALL ARE R/O H.NO. 5-14/1, NICHE
      MOHALLA, KAMTHANA VILLAGE,
      TQ. AND DIST. BIDAR-585401.    ...APPELLANTS

(BY SRI SANTOSH BIRADAR, ADVOCATE)

AND
1.  SYED MEER MAQSOOD ALI,
    S/O SYED MEER PASHIR ALI,
    AGE: 32 YEARS, OCC: BUSINESS,
    R/O H.NO.5-2-104, PATAL NAGRI,
    GOLEKHANA, BIDAR-585401.
2.   M/s. ORIENTAL INSURANCE CO. LTD.,
     BRANCH OFFICE, SHOP NO.3,
     KAMSHETTY COMPLEX, NEAR BUS STAND
     ROAD, BIDAR-585401
     REP. BY ITS AUTHORIZED SIGNATORY
                                  ...RESPONDENTS

(V/O DATED 05.12.2023 NOTICE TO R1 IS DISPENSED WITH;

BY SRI S S ASPALLI, ADVOCATE FOR R2)

This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, praying to allow the appeal, modify the impugned judgment and award dated 05.04.2021 passed by the Court of II Addl. Senior Civil Judge and JMFC at Bidar in MVC No. 404/2019 and enhance the compensation as prayed for, in the interest and justice and equity.

These appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the Appellants/Claimants and

the representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants/Claimants have agreed to receive

and the Respondent-Insurance Company has agreed to

pay a global compensation of Rs.9,50,000/- (Rupees Nine

Lakh Fifty Thousand only), in addition to what has been

awarded by the Tribunal, in full and final settlement of the

claim. A joint Memo is filed on behalf of the parties to this

effect. Same is accepted.

3. The order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

4. 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.

5. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the Tribunal

shall stand modified accordingly. Draw up the award

accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

SMP