In this Lok Adalat proceeding, the High Court of Karnataka settled a claim by an insurance company agreeing to pay Rs. 40,000 plus 9% interest upon modification. The Tribunal award was altered in terms accordingly via a joint memo filed during the hearing.
Insurance Company to pay Rs. 40,000 plus 9% interest; Tribunal award modified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20th DAY OF JUNE, 2012
CONCILIATORS PRESENT:
HON’BLE MR. JUSTICE SUBHASH B ADI AND
SMT. HARINI SHIVANAND, MEMBER
MFA No.7846/20 10
Lok Adalat No.1980/2011
Between:
Prabhakar Shetty, S/o.Thejappa Shetty. Kundapura Taluk, R/o.Hengavalli village and Post, Udupi District. Aged about 62 years,
Appellant
(By Sri.Maheshkiran Shetty, Advocate)
And:
Respondents Channabasappa N.Huddar, S/o.Nagappa Huddar, Sri.A.N.Krishnaswamy, Advocate for R-2) Represented by its Branch Manager. R/o.No.37, Shivaganga, Hubli-580 029. Shivagiri, Dharwad. Near Old Bus stand, Major. ... Manj unatha Colony, (By Sri.M.Subaramani Advocate for R-1 and New Cotton Market, 2. Iffco Tokio General Insurance Co.Ltd., No. 12/A, Bhavani Arcade, 3rd floor, 306 to 308, 1.
OF MV ACT AGAINST THE JUDGMENT AND THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENFIANCEMENT OF PRESIDING OFFICER. FAST TRACK COURT, KUNDAPURA, PARTLY ALLOWING 173(1) COMPENSATION. MFA FILED U/S AWARD DATED: 11-3-2010 PASSED IN MVC NO.385/2008 ON THE FILE OF THE
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 17-08-2011, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
present. The learned counsel for the appellant and the representative of Insurance Company - Respondent along with its counsel are
the matter Insurance Company has agreed to pay a lump-sum of Rs.40,000/joint Memo is filed on behalf of the parties to this effect. prolonged negotiations, settled. awarded by the Tribunal, in full and final settlement of the claim. A Appellant The (Rupees Forty Thousand in addition to what has been After is only), 2. - Claimant has agreed to receive and the Respondent—
— Insurance Company has agreed to deposit interest at the rate of 9% P.A. from the date of default, till the date the said amount before the Tribunal within six weeks from the date The Respondent of deposit. of preparation of award, failing which the said amount shall carry 3.
3
the Joint memo. The award of the Tribunal shall stands modified This miscellaneous first appeal stands disposed of in terms of accordingly. Draw up the Award accordingly. 4.
JUDGE Sd!
RR
3 issues framed by the court
Whether the Insurance Company can be held liable to pay additional compensation upon acceptance of an impugned award.
Whether clause 4 of the form should allow modification of the award by the Lok Adalat.
How to construct the award in light of the settlement reached between the parties.
Prabhakar Shetty
Iffco Tokio General Insurance Co. Ltd.
SUBHASH B ADI
HARINI SHIVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
