Dismissed

Syed Shalam S/O. Syed Maheboob and Ors. v. Syed Gulzar Hussain S/O. Syed Abbas Hussai and Ors.

Karnataka HC2 Sept 2016MFA/201367/2016

Case brief

AI extract

What is this about?

Conciliators settled a second appeal filed against a Motor Accident Claim Tribunal award. Parties agreed to a lump sum of Rs. 2,00,000 with interest if not deposited within six weeks. The Tribunal modified the award accordingly, dismissing the appeal on merits by consent.

What did the court decide?

Insurance Company to deposit Rs. 2,00,000 within six weeks with 9% p.a. interest on default; award modified; amount released to appellants.

Syed Shalam S/O. Syed Maheboob and Ors. Vs Syed Gulzar Hussain… — Insurance | Karnataka HC (2016)

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI

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BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2016

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE BUDIHAL R.B.

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AND

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SRI M.A.QUAYUM, MEMBER

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M.F.A. NO.201367/2016 (MV)

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(LOK ADALAT NO.1057/2016)

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BETWEEN:

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SYED SHALAM S/O SYED MAHEBOOB AGE: 57 YEARS OCC: PEON

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TURAB SYED S/O SYED SHALAM AGE: 27 YEARS OCC: STUDENT

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KHASIER SYED D/O SYED SHALAM AGE: 20 YEARS OCC: STUDENT ALL ARE R/O H.NO.22 PWD COLONY

LAL PAHADI, RAICHUR.

...APPELLANTS

(BY SRI SMT. S.J. TUPPAD, ADV.)

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AND:

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SYED GULZAR HUSSAIN S/O SYED ABBAS HUSSAIN AGE: 29 YEARS OCC: DRIVER OF INDIA CAR BEARING NO.KA-36/N-1490 R/O H.NO.12-12-209/9D, HAJI COLONY ARAB MOHALLA, RAICHUR 2. SYED ABBAS HUSSAIN S/O MURTUZA HUSSAIN AGE: MAJOR OCC: DRIVER OF CAR BEARING NO.KA-36/N-1490 R/O H.NO.12-12-209/9D HAJI COLONY, ARAB MOHALLA RAICHUR 3. THE MANAGER BHARTHI AXA GENERAL INSURANCE CO.LTD., H.O. FIRST FLOOR FERUS ICON SY. NO.28 DODENE KANDI OFF QUARTER RING ROAD BANGALORE- 560 0037

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...RESPONDENTS

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(BY SRI C.S.KALABURAGI, ADV FOR R3)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED

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02.12.2015 PASSED BY THE PRL. DISTRICT & SESSIONS JUDGE AND MACT AT RAICHUR IN MVC NO.573/2014.

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THIS APPEAL COMING ON FOR CONCILIATION THIS DAY, BUDIHAL R.B. J ., DELIVERED THE FOLLOWING:-

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CONCILIATION ORDER

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The learned counsel for the appellants and the

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representative of the Respondent No.3-Insurance

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Company along with its counsel are present.

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This is a claimants appeal as against the

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judgment and award passed by the Tribunal. By mutual consent of the parties, it is agreed for a lump sum of Rs.2,00,000/- (Rupees Two Lakh only) in addition to the amount awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.

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3. Respondent No.3 – Insurance Company shall

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deposit the said amount before the Tribunal, within Six

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weeks from the date of preparation of Award, failing which

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the said amount shall carry interest at the rate of 9% p.a.. from the date of default, till the date of deposit.

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The entire amount is ordered to be released in

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favour of the appellants-claimants.

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5. This miscellaneous first appeal stands disposed

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of in terms of the joint memo. The award of the Tribunal shall stand modified accordingly.

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Sri C.S.Kalburgi, learned counsel is permitted to file

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vakalath for the respondent – Insurance Company.

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Sd/JUDGE

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Sd/MEMBER

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SDU CT-SI

Syed Shalam S/O. Syed Maheboob and Ors. v. Syed Gulzar Hussain S/O. Syed Abbas Hussai and Ors.

Case brief

What is this about?

What did the court decide?

Syed Shalam S/O. Syed Maheboob and Ors. v. Syed Gulzar Hussain S/O. Syed Abbas Hussai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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