Lok Adalat settled a Motor Accidents Appeal. Parties agreed to enhance compensation by Rs. 25,000. The court directed immediate release of funds to the minor claimant for education upon deposition.
Settlement for Rs. 25,000 enhancement; full release of amount to minor for education upon deposit by respondent.
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.
M.F.A.No.103852/2015
1
HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2017
CONCILIATORS PRESENT:
THE HONOURABLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
AND
SHRI RAVI S. BALIKAI, MEMBER
M.F.A.No.103852/2015 [MV] (Lok Adalat No.1000/2017)
BETWEEN:
KUMARI. PAVITRA D/O SHIDDALINGAPPA AINAPUR, AGE: 08 YEARS, OCC: NIL, R/O: GUDIGOPPA, TQ:RAMADURG, NOW R/AT: VIDYA NAGAR, GOKAK, (R/BY HER M/G NATURAL MOTHER, SMT. MALLAWWA W/O. SHIDDALINGAPPA AINAPUR, R/O: GUDIGOPPA, TQ: RAMADURG, NOW R/AT: VIDYA NAGAR, GOKAK, DIST: BELAGAVI.
... APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
M.F.A.No.103852/2015
2
... RESPONDENTS
(BY SRI. C. V. ANGADI, ADVOCATE FOR R2; R1 – NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:30.09.2015, PASSED IN MVC.NO.1210/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT GOKAK, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT ON 04.09.2017 AND COMING ON FOR CONCILIATION THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER
The matter was taken up in Lok Adalath.
M.F.A.No.103852/2015
3
the 2nd respondent-Insurance Company have filed a Joint
Memo, settling the matter for ` 25,000/- (Rupees Twenty
Five Thousand Only) as enhancement in addition to what
has been awarded by the MACT.
acceptable.
annum from the date of default, till the date of deposit.
and final settlement between the parties with their free will and consent.
M.F.A.No.103852/2015
4
enhancement being a smaller amount, the entire amount be released in her favour so that it would help in her education. The said submission is accepted.
enhancement given today be released to the minor claimant though her natural guardian in accordance with law, after its deposit by the 2nd respondent-Insurance company.
The appeal is settled and stands disposed off on the
above terms.
Draw the award, accordingly.
Sd/JUDGE
Sd/MEMBER
gab
2 issues framed by the court
Whether the Motability Appeal filed for enhancement of compensation can be settled through Lok Adalat.
Whether the minor claimant can be released the settled enhancement amount immediately for education.
1 provisions across 1 enactments
Kumari. Pavitra
Shivanagouda
United India Insurance Co. Ltd.
Dr. Justice H.B. Prabhakara Swamy
Shri Ravi S. Balikai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
