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Mr Mahammad Noushad vs Mrs Pushpakala R Shetty W/O Dr And Others

High Court Of Karnataka|14 December, 2019
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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 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A.PATIL & SMT.H.R.RENUKA, MEMBER M.F.A.No.8656/2017 (MV) (Lok Adalat No.3621/2019) BETWEEN:
Mr. Mahammad Noushad S/o Ibrahim Aged about 18 years R/at 3-63E/1, Near Harekala Panchayat Harekala, Mangaluru Taluk, D.K.District-575 007.
(By Sri Ravishankar Shashtry G., Advocate) AND:
1. Mrs. Pushpakala R. Shetty W/o Dr.Rajeev Shetty Adult, R/at D No.3-14(2), Maathrchaya, Golthamajalu Village Kalladka, Bantwal Taluk, D.K.-574 222.
2. The Branch Manager United India Insurance Company Ltd., Prabhu Building, Opp: Aruna Talkies Main Road, Puttur Taluk, D.K. Represented by its Divisional Manager United India Insurance Company Ltd., ...Appellant Ram Bhavan Complex Kodialbail, Mangaluru Taluk D.K. District-575 003.
(By Sri Ravish Benni, Advocate for R2;
...Respondents This MFA is filed under Section 173(1) of MV Act, against he judgment and award dated 01.09.2017 passed in MVC No.570/2017 on the file of the MACT & I Additional Senior Civil Judge, Mangaluru, D.K. partly allowing the claim petition for compensation and seeking 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 and the learned Counsel appearing for the second Respondent –United India Insurance Company Limited 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 (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a global compensation of Rs.92,467/- (Rupees Ninety Two Thousand and Four Hundred Sixty Seven only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The Second 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 and acknowledgment.
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.
Sd/- JUDGE Sd/- MEMBER AP/-
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Title

Mr Mahammad Noushad vs Mrs Pushpakala R Shetty W/O Dr And Others

Court

High Court Of Karnataka

JudgmentDate
14 December, 2019
Judges
  • H R Renuka
  • B A Patil