Ahmed Husain vs Farid Sheikh And Anr
2023 Latest Caselaw 9973 Kant

Karnataka High Court

Ahmed Husain vs Farid Sheikh 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 M.G.S. KAMAL

                        AND
      SRI. SHARNAGOUDA V. PATIL , MEMBER

           M.F.A. NO.201184/2022 (MV)

             Lok Adalat No.593/2023

BETWEEN:

ABDUL RAZAK
S/O DAVULASAB BANAKAR,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O HUSHYAL, TALUK: SINDAGI,
DISTRICT: VIJAYAPURA-586128
                                      ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND

1.    FARID SHEIKH
      S/O BASHIR SHEIKH,
      AGE: 44 YEARS, OCC: BUSINESS,
                            2




     C/O SARFARAZ KHAN, 21/01,
     SOUTH GAFUR KHANKE BAJARIYA,
     INDORE,
     STATE: MADHYA PRADESH-452001

2.   THE BRANCH MANAGER,
     NEW INDIA ASSURANCE COMPANY LIMITED,
     HANAMSHETTY BUILDING,
     GURUKUL ROAD,
     VIJAYAPUR-586101.
                            ...RESPONDENTS

(SMT. SHASHIKALA JAHAGIRDAR, ADVOCATE FOR R2; V/O DATED 29.07.2022 NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 22.01.2021 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT- XIII AT VIJAYAPUR IN MVC NO. 185/2016.

THIS 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.90,000/- (Rupees Ninty

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