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Imthiyaz Basha vs Smt Prabha A Niduvani W/O Ashoka Niduvani And Others

High Court Of Karnataka|09 December, 2017
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JUDGMENT / ORDER

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN AND SMT. H. R. RENUKA, MEMBER M. F. A. No.6507/2013 (MV) LOK ADALAT NO.2700/2016 Between:
IMTHIYAZ BASHA S/O KHALEEL AHAMED, AGEDABOUT 43 YEARS, R/AT HORPET, CHITRADURGA-577501 ... APPELLANT (BY SRI VEERABHADRA SWAMY H P, ADVOCATE) AND:
1. SMT PRABHA A NIDUVANI W/O ASHOKA NIDUVANI, AGE MAJOR, R/AT INFO TECH INSTITUTE, 2ND FLOOR, JANARDANA ARCADE, DHARWAD-580001 2. BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, SRI SHARADA COMPLEX, 1ST FLOOR, OPP:TO KSRTC BUS STAND, P.B.ROAD, CHITRADURGA-577501.
... RESPONDENTS (BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.03.2013 PASSED IN MVC NO.182/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE LOK ADALAT MADE THE FOLLOWING :
Conciliation Order The learned Counsel for the appellant, and the Officers of the Insurance Company are present.
2. After negotiations, the parties and their learned counsel submit that they have settled the matter amicably; the claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of `50,000/- (Rupees fifty thousand only), in addition to what has been awarded by the Tribunal, as full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The respondent - Insurance company has agreed to deposit the said amount before the learned Tribunal within a period of six weeks from the date of preparation of award, failing which, the said amount shall carry interest at 9% per annum from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant, on proper identification.
5. The Miscellaneous First Appeal stands disposed of according to the terms of the Joint Memo. The award passed by the learned Tribunal is modified.
Draw the award accordingly.
Sd/- Judge Sd/- Member RD/MD
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Title

Imthiyaz Basha vs Smt Prabha A Niduvani W/O Ashoka Niduvani And Others

Court

High Court Of Karnataka

JudgmentDate
09 December, 2017
Judges
  • Raghvendra S Chauhan