Jarina And Ors vs Ibrahim And Anr
2023 Latest Caselaw 9892 Kant

Karnataka High Court

Jarina And Ors vs Ibrahim And Anr on 9 December, 2023

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     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 M.G.S. KAMAL
                        AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.200359/2023 (MV)
             Lok Adalat No.545/2023
BETWEEN:

1.    SMT. JARINA
      W/O AMIR SHAIKH,
      AGE: 30 YEARS, OCC: HOUSEHOLD,

2.    DASTAGIR
      S/O AMIR SHAIKH,
      AGE: 14 YEARS, OCC: STUDENT,

3.    TANJILA
      D/O AMIR SHAIKH,
      AGE: 11 YEARS, OCC: NIL

4.    MAHIN
      S/O AMIR SHAIKH,
      AGE: 9 YEARS, OCC: NIL
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      APPELLANTS NO.2 TO 4 ARE MINORS,
      R/BY THEIR NEXT FRIEND-APPELLANT NO.1

5.    MUBARAK
      S/O DASTAGIR SHAIKH,
      AGE: 62 YEARS, OCC: COOLIE,

6.    KHAJABI
      W/O MUBARAK SHAIKH,
      AGE: 52 YEARS, OCC: COOLIE,

      ALL ARE R/O TULAJAPUR, TQ. TULJAPUR,
      DIST. SOMANABAD,
      NOW RESIDING AT SHAIKH COLONY,
      VIJAYAPURA-586101.

                                    ...APPELLANTS

(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)

AND

1.    IBRAHIM
      S/O JABBAR FAKIR,
      AGE: 42 YEARS, OCC: BUSINESS,
      R/O KASHEGAON, TQ. TULAJAPUR,
      DIST. OSMANABAD,
      MAHARASHTRA-413501.

2.    THE BRANCH MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      S.S. FRONT ROAD,VIJAYAPUR-586101.

                                ...RESPONDENTS

(SMT. SHASHIKALA JAHAGIRDAR, ADVOCATE FOR R2; V/O DATED 17.08.2023 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE & MACT-VII, VIJAYAPUR AT VIJAYAPUR IN MVC NO. 293/2020 DATED 27.07.2022 SEEKING FOR ENHANCEMENT AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANTS HEREIN.

THIS 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.25,000/-

(Rupees Twenty Five 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

LG