Mohammed Rafeeq vs Suleman And Anr
2023 Latest Caselaw 10066 Kant

Karnataka High Court

Mohammed Rafeeq vs Suleman 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.202291/2023 (MV)
             Lok Adalat No. 502/2023
BETWEEN:
MOHAMMED RAFEEQ S/O HUSSAIN KHAN,
AGE: 22 YEARS, OCC: AUTO DRIVER,
R/O HULANDAGERA, TQ.CHITTAPUR,
DIST.KALABURAGI.                 ...APPELLANT

(BY SRI SANJEEV PATIL, ADVOCATE)

AND:

1.     SULEMAN S/O MOHAMMED GHOUSE,
       AGE: MAJOR, OCC: OWNER OF BAJAJ PULSAR
       BEARING NO.KA-32/ET-8852,
       R/O HULANDGERA, TQ.CHITTAPUR,
       DIST.KALABURAGI-585211.
2.     THE ORIENTAL GENERAL INSURANCE CO. LTD.,
       THROUGH ITS DIVISIONAL MANAGER,
       1ST FLOOR, N G COMPLEX, STATION ROAD,
       OPP: MINI VIDHAN SOUDHA, KALABURAGI-585102.
                                   ...RESPONDENTS

(V/O DATED 31.07.2023 NOTICE TO R1 IS DISPENSED WITH;

BY SMT.PREETI PATIL MELKUNDI, ADVOCATE FOR R2)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, praying to call for the records and modify the judgment and award passed by the Court of the Senior Civil Judge and MACT at Chittapur in MVC No.1275/2021 dated 03.02.2023 and be pleased to allow the claim petition by granting the relief as prayed far by the appellant 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 Appellant/Claimant and

the representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant/Claimant has agreed to receive and

the Respondent-Insurance Company has agreed to pay a

global compensation of Rs.1,20,000/- (Rupees One Lakh

Twenty 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 entire amount shall be released in favour

of the Claimant.

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