Disposed

Syed Jaffer v. Anwar Ahamad

Karnataka HC14 Jul 2020MFA/8371/2018

Case brief

AI extract

What is this about?

Lok Adalat conciliated the appeal against the Motor Accident Claims Tribunal award. Parties settled for an additional compensation of Rs. 50,000, to be payable with interest if deposited within six weeks, modifying the original award. The appeal was disposed of based on this settlement.

What did the court decide?

Additional compensation of Rs. 50,000/- agreed in settlement, payable within six weeks; appeal disposed of based on the joint memo.

Syed Jaffer Vs Anwar Ahamad — Company and Corporate | Karnataka HC (2020)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^th DAY OF JULY, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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SRI. VIJAYKUMAR A. PATIL, MEMBER

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M.F.A.No. 8371/2018 (MV) (Lok Adalat No. 79/2020)

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BETWEEN

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Syed Jaffer S/o Syed Makbulll, Aged about 39 years, Welding Work, R/o Tippu Nagar, Shivamogga – 577 201. ... Appellant

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(By Sri. M. Ravindranath, Advocate)

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AND

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Anwar Ahamad S/o Mehabub Sat, Age: Major, Driver of the Auto bearing Reg. No.KA-18/A-7698, R/o Shivaji Road, Lashkar Mohalla, Shivamogga – 577 201, Driving Licence No.94/2000, Valid upto 09.10.2016.

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Syed S/o Abdul Khalak, Aged about 30 years, Owner of the Auto bearing Reg. No. KA-18/A-7698, R/o Muthinakoppa, N.R. Pura Taluk-577 134.

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The Oriental Insurance Co. Ltd., Vinayaka Complex, 1^st Cross, Garden Area, Shivamogga – 577 201, Policy No.472101/31/2012/11854 18.03.2012 to 17.03.2013. ... Respondents

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(By Sri. C. Shankar Reddy, Advocate for R-3, Notice to R-1 & R-2 – d/w v.c.o. dated 11.12.2019)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2017 PASSED IN MVC NO. 175/2015 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T.-VI, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant and the

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learned Counsel appearing for the third Respondent – Oriental Insurance

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Company Limited, along with its representative are present through video conference.

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After prolonged negotiations, the matter is settled. A joint memo signed

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by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third respondent - Insurance Company and its authorized officer is filed. The appellant-claimant

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has agreed to receive and the third respondent-Insurance Company has agreed

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to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand only), in addition to

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what has been awarded by the Tribunal, in full and final settlement of the claim.

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The third 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.

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The entire enhanced compensation amount shall be disbursed in favour of the appellant – claimant, on proper identification.

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This Miscellaneous First Appeal stands disposed of in terms of the Joint

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memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/MEMBER

Rbv

Syed Jaffer v. Anwar Ahamad

Case brief

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Syed Jaffer v. Anwar Ahamad

Case brief

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