SMT SUMAYYA v. ICICI LOMBARD GENERAL INSURANCE CO LTD
MFA/3851/2024 · 2026-07-11
Lok Adalath
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35227 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35227 (KAR) · dailylaw.ai ]
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 11TH DAY OF JULY, 2026
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE VENKATESH NAIK T.
AND
SRI NAMAN VANKDARI M., MEMBER
MISCELLANEOUS FIRST APPEAL NO.3851 OF 2024 (MV-D) (LOK-ADALAT NO.2109 OF 2026)
BETWEEN:
1.
SMT. SUMAYYA D/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 43 YEARS
2.
MR.MOHAMMED MANSOOR K S/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 40 YEARS
3.
MR SADAKTULLA @ SADAKHATHULLA S/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 37 YEARS
4.
MR. MOHAMMAD SAIDUL ANSAR S/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 35 YEARS
5.
SMT. UMAIRA K.U.
D/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 33 YEARS
6.
MR.MOHAMMED KALEEL S/O LATE USMAN MUSLIYAR @ Digitally signed by SHASHIREKHA K Location: HIGH COURT OF KARNATAKA
2 USMAN MUSLIYAR KAKKINJE AGED ABOUT 29 YEARS
7.
MR. MAHAMMAD SAFWAN S/O LATE USMAN MUSLIYAR @ USMAN MUSLIYAR KAKKINJE AGED ABOUT 28 YEARS
ALL ARE R/O DARKHASU HOUSE CHIBIDRE VILLAGE KAKKINJE POST BELTHANGADY TALUK PRESENTLY R/AT BAILURU HOUSE THENKAMIJAR VILLAGE THODAR MIJAR MANGALURU TQ ...APPELLANTS (BY SRI GURUPRASAD B R., ADVOCATE)
AND:
1.
ICICI LOMBARD GENERAL INSURANCE CO.LTD., ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDI VINAYAKA TEMPLE PRABHADEVI MUMBAI LOCAL OFFICE: TRIBUVAN MOTORS KUKURU FERRY ROAD NEAR ASHOKNAGAR POST OFFICE KOTTARA MANGALURU-575 006 REPRESENTED BY ITS MANAGER
2.
MR.HUSSAIN SHARIF S/O M.ABDUL KHADAR AGED ABOUT 41 YEARS R/AT D.NO.8-87-2 8TH BLOCK CHOKKABETTU SURATHKAL MANGALURU- 575014 …RESPONDENTS (BY SRI P S JAGADISH, ADVOCATE FOR R1) * * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED.05.10.2023 PASSED IN M.V.C. NO.16 OF 2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, D.K.
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
3
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
Learned counsel appearing for the appellants-claimants and 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 counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellants- claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.6,55,000/- (Rupees six lakhs fifty 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum 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 Tribunal.
5. This miscellaneous first appeal stands disposed off 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
AM