The Manager Shriram General Vs Smt. Akmal Jahan Begum and Ors.

THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY

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Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA

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(BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,)

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AND:

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…APPELLANT

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SABHIA NAUSHEEN BEGUM D/O LATE DR. MOHD ABDUL HAQ AGE: 30 YEARS, OCC: DOCTOR

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MOHD ABDUL NASIR S/O LATE DR. MOHD ABDUL HAQ AGE: 26 YEARS, OCC: STUDNET

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AYESHA SAMREEN D/O LATE DR MOHD ABDUL HAQ

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AGE: 24 YEARS, OCC: STUDENT.

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MOHD. ABDUL WARIS S/O MOHD ABDUL KHADAR AGE: 82 YEARS, OCC: PENSIONER

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FEROZUNNISA BEGUM W/O MOHD. ABDUL WARIS AGE: 80 YEARS OCC: HOUSEHOLD

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R1 TO R5 ARE RESIDENTS OF H. NO.4-601/36B M. B. NAGAR, KALABURAGI – 585102.

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IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585104.

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MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY CHANDANARAYANGUTTA, HYDERABAD – 500004.

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…RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 SERVED; NOTICE TO R7 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T., KALABURAGI, IN MVC NO.1367/2012, WITH COST.

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IN M.F.A.NO.200170/2020:

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BETWEEN:

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THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA,

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SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY

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…APPELLANT

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(BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,)

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AND:

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SMT. AKMAL JAHAN BEGUM W/O LATE MOHAMMED ALEEMUDDIN AGE: 40 YEARS, OCC: HOUSEHOLD WORK,

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DANISH S/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT

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ZEBA AMREEN D/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT,

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MOHD. ASGARDUDDIN S/O MOHD. ABDUL RAHEEM

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AGE: 77 YEARS, OCC: HOUSEHOLD,

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ANZARUNNISA BEGUM W/O MOHD. ASGARUDDIN

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AGE: 73 YEARS, OCC: HOUSEHOLD,

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R1 TO R5 ARE RESIDENTS OF H.NO.4-601/36B, M. B. NAGAR, KALABURAGI – 585102.

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IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585102.

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MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY

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CHANDANARAYANGUTTA, HYDERABAD – 500004.

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…RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 & R7 SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE & M.A.C.T., KALABURAGI, IN MVC NO.1368/2012, WITH COST.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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MFA No.200169/2020 is filed by the Insurance-

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Company challenging the judgment and award dated 04.11.2019 passed in MVC No.3167/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi and MFA No.200170/2020 is filed by the Insurance-Company challenging the judgment and award dated 04.11.2019 passed in MVC No.1368/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi.

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It is submitted by the learned counsel

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appearing for the appellant as well as learned counsel for the contesting respondents that the matters are settled amicably outside the Court and they have filed separate

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joint memos. Accordingly, they placed the joint memos.

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The joint memos are taken on record.

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Joint memo in MFA No.200169/2020 reads as

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under:

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“The appeal bearing MFA No.200169/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1367/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms.

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The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.1,15,00,000/-(Rs. One Crore Fifteen Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off.

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The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.”

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Joint memo in MFA No.200170/2020 reads as

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under:

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“The appeal bearing MFA No.200170/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1368/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms.

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The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.32,00,000/-(Rs. Thirty Two Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off.

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The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.”

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6. In view of the aforesaid joint memos, these

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appeals are disposed off.

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