A miscellaneous first appeal against a Motor Accidents Claims Tribunal award was disposed of by the High Court of Karnataka at Bengaluru (as Lok Adalat) upon settlement. The Insurance Company agreed to pay Rs. 12,69,000/- at 6% interest instead of the Tribunal's award.
Appeal disposed by settlement; Tribunal award modified to pay Rs. 12,69,000/- with 6% p.a. interest.
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 05th DAY OF NOVEMBER 2020
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL
&
SRI. I.S. PRAMOD CHANDRA, MEMBER
M.F.A.No. 762/2019 (MV) (Lok Adalat No. 828/2020)
BETWEEN
The Manager, IFFCO – TOKIO GIC Ltd., #141, 4th Floor, Sri Shanthi Towers, 3rd Main, East of NGEF Layout, Kasturi Nagar, Bengaluru – 560 043.
... Appellant
(By Sri. B. Pradeep, Advocate)
AND
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Tamil Nadu – 638 001. ... Respondents
E Rode,
(By Sri. R. Chandrashekhar, Advocate for R-1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2018 PASSED IN MVC NO. 5741/2017 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, BANGALORE, AWARDING A SUM OF RS.18,13,000/- WITH INTEREST @ 9% 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 – IFFCO TOKIO
General Insurance Company Limited, along with its representative are
present. The learned Counsel appearing for the respondent No.1 - claimant is present..
by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and its authorized officer and the learned advocate appearing for the respondent No.1 - claimant is filed. The respondent No.1 - claimant has
agreed to receive and the appellant -Insurance Company has agreed to pay a sum of Rs.12,69,000/- (Rupees Twelve Lakhs Sixty Nine Thousand only) with interest at 6% p.a. from the date of petition till the date of deposit, instead of
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Rs.18,13,000/- with interest @ 9% p.a. awarded by the Tribunal, in full and final settlement of the claim. The amount if any, deposited before this Court shall be transferred to the Tribunal.
amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/JUDGE
Sd/MEMBER
Rbv
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal's award could be settled through a joint memo at the Lok Adalat.
IFFCO – TOKIO GIC Ltd.
Ramyashree
Ramalingam Construction Co. Ltd.
B.A. Patil
I.S. Pramod Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
