MFA allowed as settlement in Lok Adalath in 2015 settled claim with insurance company and compensation paid. Appeal declared infructuous. Deposit transmitted to tribunal.
Deposit transmitted to tribunal; TCR sent forthwith.
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.
MFA No. 21146 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 21146 OF 2012 (MV-I)
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD., REPTED. BY ITS BRANCH MANAGER, 2ND FLOOR, DHAMNEKAR ARCHADE, DR.B.R. AMBEDKAR ROAD, OPP. CIVIL HOSPITAL, BELGAUM, NOW R/BY BALAKRISHNA NAIK ASSISTANT MANAGER, ORIENTAL INS. CO. LTD. REGIONALOFFICE, SUMANGALA COMPLEX, HUBLI.
…APPELLANT
(BY SRI. G.N.RAICHUR, ADVOCATE FOR APPELLANT)
AND:
…RESPONDENTS
MFA No. 21146 of 2012
(SRI. ASHOK A. NAIK, ADVOCTE FOR R1; NOTICE TO R2 SERVED)
THIS MFA IS FILED U/SEC.173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED:20.12.2010, PASSED IN M.V.C. NO.163/2010 ON THE FILE OF THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, JAMKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
1. Learned counsel for the appellant is absent and
the learned counsel appearing for the respondent No.1 is present.
counsel appearing for the respondent No.1 submits that, the claimants also filed an appeal in MFA No.22608/2012 and the matter is settled before the Lok Adalath bearing Lok Adalath No.3709/2014 on 20.01.2015, wherein the Insurance company who have filed the appeal have agreed to pay the global compensation of Rs.48,000/- inclusive of
interest, in addition to what has been awarded by the tribunal in full and final settlement of the claim and to that
MFA No. 21146 of 2012
effect a joint memo is also filed and satisfied the enhanced compensation amount , hence, the appeal became infructuous.
forthwith.
Sd/JUDGE
SVH
List No.: 1 Sl No.: 59
1 issue framed by the court
Whether an appeal stays of the insurer becomes infructuous upon settlement and payment of enhanced compensation.
1 provisions across 1 enactments
THE ORIENTAL INSURANCE CO. LTD.
GAJANAN S/O. VASUDEV MALAWADE
NINGAPPA S/O. YALLAPPA SUNAGAR
H.P. Sandidh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
