Halima vs Alla Bhakash

Type Court Judgment Court Karnataka Decided Jan 21, 2025

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Citation: sooperkanoon.com/1715067
Court: Karnataka High Court
Judge: Lok Adalath
Decided On: Jan 21, 2025
Case Number: MFA/4390/2021

Parties & Advocates

Appellant / Petitioner

Halima

Respondent

Alla Bhakash

Excerpt

.....tumakuru - 572 101. …respondents (by sri. b. pradeep, advocate for r-2) mfa filed u/s 173(1) of mv act against the judgment andaward dated 19.12.2020 passed in mvc no.964/2018 on the file of the iii addl. district & sessions judge and mact, tumakuru, partly allowing the petition for compensation and seeking for enhancement of compensation. this appeal coming on for conciliation before lok adalat, the following conciliation order is passed:conciliation orderthe 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 signedby 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.48,000/- (rupees forty eight 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 saidamount 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 released 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. judge member rbv

Full Judgment

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 4390/2021 (MV) (Lok Adalat No. 15/2025) BETWEEN Halima W/o Late Riyaz Whab Shaik @ Riyaz Shaik, Now aged about 39 years, R/at 1st Main Road, Dibbur Janatha Colony, Near Anjaneya Temple, Tumakuru. … Appellant. (BY SRI. RAGHU R., ADVOCATE) AND:
1. Alla Bhakash S/o Ameer Jan, Aged about 41 years, R/at 21/A, Majid Colony, Ammasandra, Hadavanahalli Post, Ammasandra Hobli, Turuvekere Taluk, Tumkur District - 572 101.
2. The Manager, Sri Ram General Insurance Co. Ltd., Branch Office, Akshara Towers, Devarachikkahalli Road, Bilehalli, Bannerughatta Main Road, Bengaluru - 76.
3. Nayaz Pasha @ Nayaz Riyaz Pasha S/o Late Riyaz Sheik @ Riyaz Whab Sheik @ Ayaz Sheik, Now aged about 24 years.
4. Fayaz Riyaz Sheik Riyaz Whab Sheik @ Ayaz Sheik, Now aged about 15 years.
5. Ayaz Riyaz Sheik Riyaz Whab Sheik @ Ayaz Sheik, Now aged about 10 years.
6. Shafia D/o Late Riyaz Sheik @ Riyaz Whab Sheik @ Ayaz Sheik, Now Aged about 11 years. The Respondents No.4 to 6 are minors Rep. by their N/G brother Respondent No.3. Respondent Nos.3 to 6 are R/a 9th Cross, Marlur Dinne, Tumakuru - 572 101. …Respondents (BY SRI. B. PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 19.12.2020 PASSED IN MVC NO.964/2018 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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.48,000/- (Rupees Forty Eight 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 released 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. JUDGE MEMBER Rbv

Same Court & Year Karnataka · 2025 Same Parties Halima vs Alla Bhakash Same Judge Lok Adalath