Rizwana Shaikh Irfan And ORS v. Feroz Khan Hanif Khan And ORS

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE M. G. SEWLIKAR, HELD ON 08.02.2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.1387 OF 2018 RIZWANA SHAIKH IRFAN AND OTHERS VS.

FEROZ KHAN HANIF KHAN AND OTHERS ...

Shri P. C. Mayure, Advocate for Appellants Shri. S. R. Bagul, Advocate for Respondent No.4. ...

O R D E R

(08th February, 2020) 1.

Appellant No.1 is present. She has produced Aadhar Card indicating her matrimonial name as Rizwana d/o Shaikh Hasham. She has filed affidavit that after marriage her name is Rizwana w/o Shaikh Irfan. She is identified by Shri P. C. Mayure, advocate for appellants. Appellant No.2, being minor, is present through appellant No.1. Appellant No.3 - Bismillah Bee Mehboob Shaikh is reported dead vide death certificate which is taken on record and marked as Exhibit 'X'.

2.

Respondent No.4 is present through its authorised officer, Shri R. N. Kulkarni. He is identified by Shri. S. R. Bagul, Advocate for Respondent No.4.

3.

Both the parties admit the terms of compromise and their respective signatures. The compromise pursis is produced on record and is marked as Exhibit 'Y' for identification. 4.

In view of terms of compromise at Exhibit 'Y', claim is settled for amount of Rs.11,68,000/- (Rupees Eleven Lakh Sixty Eight Thousand Only), out of which Rs.7,18,000/- (Rupees Seven Lakh Eighteen Thousand Only) has already been paid by respondents.

Respondent No.4, now, do pay additional compensation of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only) to appellants in full and final settlement of claim, inclusive of interest, cost and other incidental expenses. 5.

Amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) be paid to appellant No.1 and amount of Rs.1,00,000/- (Rupees One Lakh Only) be paid to appellant No.2. The amount to the extent of share of appellant No.2, being minor, shall be deposited in any nationalized bank of choice of appellant No.1 till appellant No.2 attains age of majority. 6.

Amount of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only) shall be deposited by respondent No.4 within a period of 45 days from the date of receipt of copy of award, failing which it shall carry interest as directed by the M.A.C. Tribunal, Aurangabad, from today till the realisation of the entire amount.

7.

The first appeal is disposed of. Civil Application, if any, also stands disposed of.

8.

Court fees be refunded as per rules.

(Smt. S.G. CHINCHOLKAR,) (A.T.A.K. SHEKH) (M.G. SEWLIKAR, J.) Advocate, D.J. (Retd.) Head of the Panel Member Member SVH