In a motor accident compensation appeal before the Lok Adalat, the parties settled the dispute. The appellant agreed to a reduced lump-sum compensation of Rs. 18,50,000, repaying part of the tribunal's original award of Rs. 20,90,000.
The Modified First Appeal is disposed of on settlement; the Compensation Award is modified to reflect Rs. 18,50,000 payment.
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.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF OCTOBER, 2020
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 7281/2016 (MV)
(Lok Adalat No. 1090/2020)
BETWEEN
Smt. Yashodha K. W/o Udaya Kumar, Aged about 44 years, R/at No.157, Hirandahalli, Virgonagar Post, Bangalore – 560 049. ... Appellant
(By Sri. P. Prasad, Advocate)
AND
And also Respondent No.1 Residing at No.18/A, Bavani Nilaya, Janes School Road, Near Government Primary School,
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Chikkadevasandra, K.R. Puram, Bangalore – 560 036.
(By Sri. Suresh Subbaiah, Advocate for R-1 & R-3)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2016 PASSED IN MVC NO. 1986/2014 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES & MEMBER, MACT-7, BANGALORE, AWARDING COMPENSATION OF RS.20,90,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellant and the brother of the
appellant are present. The learned Counsel appearing for the Respondents –
claimants and the 1st respondent claimant are present.
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by the learned advocate appearing for the appellant and the respondents – claimants and both the parties is filed. The appellant has agreed to pay and the respondents-claimants have agreed to receive a global lump-sum of Rs.18,50,000/- (Rupees Eighteen Lakhs Fifty Thousand only) instead of Rs.20,90,000/- with interest at 8% p.a. awarded by the Tribunal, in full and final settlement of the claim.
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claimant till he attains the age of majority with liberty to the minor guardian to withdraw the accrued interest periodically. The remaining 50% compensation amount shall be released in favour of the 1st respondent – claimant, on proper identification and identification.
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 a motor accident compensation appeal can be settled through Lok Adalat outside the proceedings of the Motor Accidents Claims Tribunal.
Whether the parties can agree to modify the quantum of compensation awarded by the Tribunal in a supplementary award.
3 provisions across 3 enactments
Smt. Yashodha K.
Smt. Swetha M.G.
Master Prince Ponnappa B.E.
Smt. Rani B.T.
B.A. Patil
M.N. Umashankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
