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2025 DAILYLAW 32047 (KAR)

SMT SAIDA BANU v. FUTURE GENERAL INDIA INSURANCE COMPANY LTD

MFA/5871/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 5871/2024 (MV) (Lok Adalat No. 585/2025) BETWEEN: 1. Smt. Saida Banu W/o Late Rizwan Ahamed @ Rizwan Ahmed @ Rizwan, Aged about 40 years. 2. Yasin Ahamad S/o Late Rizwan Ahamed @ Rizwan Ahmed @ Rizwan, Aged about 26 years. 3. Yasir Ahamad S/o Late Rizwan Ahamed @ Rizwan Ahmed @ Rizwan, Aged about 23 years, Represented by his GPA Holder Saida Banu, the Appellant No.1 herein. All are R/o 6th Block, 2 Krishnapura, Surathkal, Mangaluru. ...APPELLANTS (By Sri. Guruprasad B.R., Advocate) AND: 1. Future General India Insurance Company Ltd., 3rd & 4th Floor, Shravanee Krishna Mansion, 2nd Block, Jayanagara, Bengaluru, Local Office: 2nd Floor, Empire Mall, M.G. Road, Mangaluru – 575 001, Represented by its Manager. 2. Aminabi W/o Usman M., Aged Major, R/at D. No.01-14, Neeralike House, Marpady Village, Moodabidre, Mangalore – 574 227. …RESPONDENTS (By Sri. B. Pradeep, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2023 PASSED IN MVC NO. 1489/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-I, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants 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 amicably. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 4.90,000/- (Rupees Four Lakhs Ninety Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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 4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 Rbv