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2025 DAILYLAW 75901 (KAR)

RAFEEQ @ RAFIQ v. UNITED INDIA INSURANCE COMPANY LTD

MFA/2784/2023 · 2025-12-13

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 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE K.V. ARAVIND & Dr. S.V. GIRIKUMAR, CONCILIATOR M.F.A.No.2784 OF 2023 (MV-D) (Lok Adalat No.8326/2025) BETWEEN: 1 . RAFEEQ @ RAFIQ, S/O ISMAIL, AGED 58 YEARS, 2 . SMT. ATIJAMMA, W/O RAFEEQ AT RAFIQ, AGED 51 YEARS, 3 . ABDUL IRSHAD, S/O RAFEEQ AT RAFIQ, AGED 26 YEARS, 4 . IMRAN R S/O RAFEEQ AT RAFIQ, AGED 25 YEARS, 5 . UMAIRABANU, D/O RAFEEQ AT RAFIQ, AGED 22 YEARS, 6 . AMANULLA D/O RAFEEQ AT RAFIQ, AGED 20 YEARS, 7 . AFNAZ, 2 D/O RAFEEQ AT RAFIQ, AGED 18 YEARS, 8 . MAHAMMAD IRFAN, S/O RAFEEQ AT RAFIQ, AGED 16 YEARS, APPELLANT NO.8 IS A MINOR AND REPRESENTED BY HIS FATHER, THE PETITIONER NO.1 HEREIN. ALL ARE R/AT D.NO.1-46, B.K. NAGARA HOUSE, GOLTHAMAJALU, KALLADKA KPOST, BANTWAL TALUK, PRESENTLY RESIDING AT. FATHIMA COTTAGE, BEERI, KOTEKAR, MANGALURU. ...APPELLANTS (BY SRI GURUPRASAD B R, ADVOCATE) AND 1 . UNITED INDIA INSURANCE COMPANY LTD SREE VITTAL, MAIN ROAD, SURATKAL, MANGALURU- REPRESENTED BY ITS MANAGER. 2 . UMESH HEGDE, S/O REMACHANDRA HEGDE, AGED MAJOR, R/AT K.K.TOWER, MRPL, KANA, SURTHKAL, MANAGALURU. …RESPONDENTS (BY SRI L SREEKANTA RAO, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2022 PASSED IN MVC NO. 537/2021 ON THE FILE OF THE MEMBER, MACT-III AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the appellants - claimants are 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 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.1,65,000/- (Rupees One Lakh Sixty Five 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 4 at the rate of 9% P.A. from the date of default, till the date of deposit. The parties are not entitled for any cost. 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/- CONCILIATOR DDU