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2025 DAILYLAW 71927 (KAR)

SMT.NOORNISA v. H MOHAMMED HIDYATHULLA

MFA/8267/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.8267/2024 (MV) (Lok Adalat No.5862/2025) BETWEEN: 1. SMT.NOORNISA, D/O ASMATH ULLA, W/O MOHAMMED BASHEER, AGED ABOUT 55 YEARS, R/A PUTCHAR STREET, UDHAGAI, UDHAGAMANDALAM, THE NILGIRIS, TAMIL NADU - 643 001. PRESENTLY R/A C/O ILIYAS, S/O MOHAMMED HATAFULLA, ZAKIR HUSSIAN NAGAR, GUNDLUPET TALUK. 2. FAWZIA B, D/O MOHAMMED BASHEER, AGED ABOUT 30 YEARS, R/A PUTCHAR STREET, UDHAGAI, UDHAGAMANDALAM, THE NILGIRIS, TAMIL NADU - 643 001. PRESENTLY R/A C/O ILIYAS, S/O MOHAMMED HATAFULLA, 2 ZAKIR HUSSIAN NAGAR, GUNDLUPET TALUK. ... APPELLANTS (BY SRI.SANATH KUMARA K.M., ADVOCATE) AND: 1. H.MOHAMMED HIDAYATHULLA, (FATHER'S NAME NOT KNOWN) MAJOR 16/14, WILLOW BOUND ROAD, UDAGAMANDALAM, THE NILAGIRIS, TAMIL NADU STATE - 643 001. 2. THE DIVISIONAL MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD, NO.133, 3RD FLOOR, SHIKA TOWERS, RAMAVILLAS ROAD, SUBRAMANYA KERE, CHAMARAJANPURA, MYSORE - 570 001. ... RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.11.2023 PASSED IN MVC NO.283/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE HIGH COURT LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the 3 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 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.3,30,000/- (Rupees Three Lakh Thirty 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 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 KVR