Appeal against Motor Accident Claims Tribunal award disposed on terms of settlement. Parties agreed to Rs.4,50,000/- settlement; appellants allowed withdrawal of deposit.
Appeal disposed on terms of settlement; appellants entitled to withdraw deposited amount on payment towards settlement sum.
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.
1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2019
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE BELLUNKE A.S.
M.F.A. No.101081/2017 (MV-D)
BETWEEN:
2
APPELLANT NO.1) NOTE: APPELLANT NO.1 TO 6 ARE R/O: VINAYAK WADI, AINAPUR ROAD, UGAR-KHURD, TQ: ATHANI, DIST: BELAGAVI, PIN CODE: 591316.
... APPELLANTS
(BY SRI VITTHAL S.TELI, ADVOCATE)
AND
... RESPONDENTS
(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2) (NOTICE TO RESPONDENT NO.1 DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.11.2016 PASSED IN MVC NO.2206/2014 ON THE FILE
3
OF THE X-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for appellants and learned counsel for the Insurance Company submit that the matter has been settled and a joint memo in respect of the settlement arrived before the Lok Adalath conducted by the High Court Legal Services Committee, Dharwad Bench, Dharwad is filed. As per the joint memo, appellants have agreed to receive and the Insurance Company has agreed to pay a sum of Rs.4,50,000/- in addition to what has been awarded by the Tribunal in full and final settlement of the claim.
4
between the parties. Once the amount deposited by the Insurance Company before the Tribunal, the appellants are entitled to withdraw the same in terms of the directions issued by the Tribunal.
Sd/JUDGE
Sd/JUDGE
CLK
1 provisions across 1 enactments
Fatima
Yasmin
Ayesha
Sohel
Kausar
Suleman
B.V. Nagarathna
Bellunke A.S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
