The Lok Adalat fixed a global settlement of Rs. 1,17,000 between the appellant claimant and the respondent insurance company, directing the Tribunal to modify the award to reflect this enhanced compensation.
Settlement of Rs. 1,17,000 ordered; award of Tribunal modified to include enhanced compensation.
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 27TH DAY OF MARCH, 2021
CONCILIATORS PRESENT:
HON’BLE MRS.JUSTICE S.SUJATHA AND
SMT.H.R.RENUKA, CONCILIATOR
M.F.A.No. 7788/2016 (MV)
(Lok Adalat No. 3406/2019)
BETWEEN :
A. N. SUBASCHANDRA SON OF A.M.NARASIMHAMURTHY, AGED ABOUT 26 YEARS, R/O ANEKATTE VILLAGE, KASABA HOBLI, C.N.HALLY TALUK TUMKUR DISTRICT – 572 218.
…APPELLANT
(BY SRI. CHANDRASHEKARA K. A., ADV.)
AND :
…RESPONDENTS
(BY SRI S. SRISHAILA, ADV. FOR R2;
VIDE ORDER DATED 10.04.2018 NOTICE TO R1 DISPENSED WITH)
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THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2016 PASSED IN MVC NO. 293/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & 19TH MACT, ITINERATE COURT, C.N. HALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER
The learned counsel for the appellant/claimant and the learned counsel for respondent – Insurance Company are present.
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agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit.
stands disposed of in terms of the Joint Memo and the award of the Tribunal shall stand modified. Draw the award accordingly.
Sd/JUDGE
Sd/CONCILIATOR
SSD
2 issues framed by the court
Whether the compensation awarded in the Motor Accident Claim Tribunal decision requires enhancement to provide full and final settlement.
Whether a settlement offer by the insurance company can modify the original award in an appeal before the Tribunal.
1 provisions across 1 enactments
A. N. SUBASCHANDRA
UNITED INDIA INSURANCE CO. LTD.
S. SUJATHA
H. R. RENUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
