Smt. Sadiya Banu v. Sri. Fairoz Khan
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
Key paragraphs
- Para 55. 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/- MEMBER Rbv
Judgment
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 6470/2023 (ECA) (Lok Adalat No. 880/2024) BETWEEN: 1. Smt. Sadiya Banu W/o Late Nayaz Ahmed, Aged about 29 years.
#2. Kumari. Zuniara Fathima D/o Late Nayaz Ahamed, Aged about 6 years, Minor represented by mother/ 1st appellant/next friend. Both are presently residing at No.36, Masjid Road, K.R. Puram, Bangalore-36.
#3. Smt. Shamim Unnisa S/o Late Mohammed Amir, Aged about 58 years. All are permanent residents of 1st Cross, Old Madras Road, 2 Panchumiyan Makan, Hoskote, Bangalore Rural District. ...APPELLANTS (By Sri. P.S. Kailas Shankar, Advocate) AND
#2. Sri. Fairoz Khan S/o Musthafa Khan, Major, R/at No.132, Kattigenahalli Village, Jadigenahalli Hobli, Hosakote Taluk, Bangalore Rural District. The Manager, The New India Assurance Co. Ltd., Motor TP Hub, Mahalakshmi Chamber, No.9, 2nd Floor, M.G. Road, Bangalore-560 001. …RESPONDENTS (By Sri. G.S. Marulaiah, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 01.02.2024) MFA FILED U/S 30 (1) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.02.2023 PASSED IN ECA NO.34/2020 ON THE FILE OF THE MEMBER, MACT, XIX ADDL. JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is 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.6,60,000/- (Rupees Six Lakhs Sixty 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 at the rate of 9% P.A. from the date of default, till the date of deposit. 4
#4. The apportionment, deposit and release of the enhanced compensation amount shall be disbursed 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/- MEMBER Rbv
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.