MFA No. 5463/2016 filed under the Motor Vehicles Act was heard in the Lok Adalat. The Insurance Company and the claimant settled the dispute by agreeing to a lump sum of Rs. 26,000 instead of the awarded amount. The court disposed of the appeal.
The appeal is disposed of by modifying the Tribunal's award to reflect a settlement sum of Rs. 26,000.
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
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF FEBRUARY, 2020
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
&
SRI. RACHAIAH, MEMBER
M.F.A. No. 5463/2016 (MV) (Lok Adalat No. 590/2020)
BETWEEN:
M/s. Oriental Gen. Insurance Company Ltd., Divisional Office, Post Box No.64, Subash Circle, Hassan – 573 201, Now represented by its Regional Manager, Regional Office, 2nd Floor, Sumangala Complex, Lamington Road, Hubli-580 020.
... Appellant
(By Smt. Harini Shivananda, Advocate)
AND:
2
R/o Savasihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District-573 201.
... Respondents
(By Sri. Chethan B., Advocate for R-1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.05.2016 PASSED IN MVC NO.891/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & MACT, HASSAN, AWARDING COMPENSATION OF RS.25,000/WITH INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellant – Oriental Insurance
Co. Ltd., and the learned Counsel appearing for the Respondent No.1 - claimant along with its representative are present.
3
Twenty Six Thousand only) instead of Rs.25,000/- with interest at 8% p.a. awarded by the Tribunal, in full and final settlement of the claim.
from the date of default, till the date of deposit. The amount if any, deposited before this Court shall be transferred to the Tribunal.
memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/JUDGE
Sd/MEMBER
Rbv
2 issues framed by the court
Whether the parties can settle the motor vehicle accident compensation claim through Lok Adalat proceedings.
How the Tribunal Award should be modified to reflect the settlement amount.
1 provisions across 1 enactments
M/s. Oriental Gen. Insurance Company Ltd.
Brahmesh
Yogesh S.
Justice Ashok G. Nijaganna
Rachaiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
