Allowed

Aripitha O D/O Oblesha, v. Mr. A.S. Chandrashekaraiah

Karnataka HC14 Oct 2017MFA/100965/2016

Case brief

AI extract

What is this about?

In a Lok Adalat proceeding under the Motor Vehicles Act, 1988, the appellant appealed against an interim award. The matter was settled via conciliation, with the insurance company agreeing to pay an additional Rs. 90,000 as global compensation in full and final settlement.

What did the court decide?

The appeal was disposed of by settling the claim for an additional compensation of Rs. 90,000, and the Tribunal's award was modified accordingly.

Aripitha O D/O Oblesha, Vs Mr. A.S… — Contract and Commercial Disputes | Karnataka HC (2017)

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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD

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BEFORE THE LOK ADALATH

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2017

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CONCILIATORS PRESENT:

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HON’BLE MR. JUSTICE K.SOMASHEKAR

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AND

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SHRI SHIVAKUMAR S. BADAWADAGI, MEMBER

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MFA NO.100965 OF 2016 (MV) (LOK ADALAT NO.1108/2017)

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BETWEEN

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ARIPITHA O., D/O OBLESHA, AGE: 19 YEARS, OCC: STUDENT, R/O. DAVANAGERE ROAD, NEAR VETERINARY HOSPITAL, JAGALUR, TQ: JAGALUR, NOW AT MARUTINAGAR, RANEBENNUR, DIST: AHVERI.

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... APPELLANT

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(BY SRI. G N NARASAMMANAVAR, ADV.)

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AND

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MR. A.S. CHANDRASHEKARAIAH, S/O SHIDDALINGAIAH, AGE: MAJOR, OCC: BUSINESS, R/O: SRI.GURU RENUKA MOTORS, 1ST CROSS, NEHARUNAGAR, SAGAR, DIST: SHIVAMOGGA, (OWNER OF THE PRIVATE BUS BEARING REG NO.KA.15/7026)

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THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI.

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... RESPONDENTS

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(BY SRI. LAXMAN B MANNODDAR, ADV FOR R2 & NOTICE TO R1 IS DISPENSED)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.10.2015 PASSED IN MVC NO.401/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIIM PETIION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned counsel for the appellant and the representative of Respondent – Insurance Company along with its counsel are present.

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After prolonged negotiations, the matter is settled. The Appellant–claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a global compensation of Rs.90,000/- (Rupees ninety thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this

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effect. The entire amount shall be released in favour of the claimant.

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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% per annum from the date of default, till the date of deposit.

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The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

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Amount in deposit, if any, shall be transmitted to the concerned Court for disbursement forthwith.

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Sd/JUDGE

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Sd/MEMBER

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HMB

Aripitha O D/O Oblesha, v. Mr. A.S. Chandrashekaraiah

Case brief

What is this about?

What did the court decide?

Aripitha O D/O Oblesha, v. Mr. A.S. Chandrashekaraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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