Lok Adalat order in Motor Accident claims filed by a claimant and an insurance company. Parties resolved differences through settlement negotiations resulting in enhanced compensation payment.
Respondent agreed to pay a lump sum of Rs. 40,000/- in addition to Tribunal award as full and final settlement.
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 NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13th DAY OF AUGUST 2022
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A.No. 6230/2014 (MV) (Lok Adalat No. 2454/2022) C/w
M.F.A.No. 6150/2014 (MV)
(Lok Adalat No. 2308/2022)
IN M.F.A. NO. 6230/2014:
BETWEEN
Mr. Mohan D., Now 27 years, Son of Ramanna Shetty, R/o No.4/97, House: Donthila Village, Puttur Taluk, Dakshina Kannada District-574 201. ... APPELLANT
(By Sri. Vishwanatha Poojary K., Advocate)
AND
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(By Sri. B.C. Shivanne Gowda, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 21.01.2015)
THIS MFA FILED U/S 173 (1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2014 PASSED IN M.V.C. NO.375/2013 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE & MEMBER, ADDL. MACT, D.K., MANGALORE SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO. 6150/2014:
BETWEEN
The Manager, M/s. ICICI Lombard General Insurance Company Limited, Office No. C-22, Light House, Hill Road, Hampanakatta, Mangalore – 575 001, Represented by its Manager.
Now represented by its Legal Manager, M/s. ICICI Lombard General Insurance Company Ltd., Regional Office, No.98, SVR Complex, 2nd Floor, Hosur Main Road, Madiwala, Bangalore – 560 068. … APPELLANT
(By Sri. B.C. Shivanne Gowda, Advocate)
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AND :
(By Sri. Vishwanatha Poojary K., Advocate for R-1)
THIS MFA FILED U/S 173 (1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2014 PASSED IN M.V.C. NO.375/2013 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE & MEMBER, ADDL. MACT, D.K., MANGALORE SITTING AT PUTTUR, D.K., AWARDING COMPENSATION OF RS.1,67,580/- WITH INTEREST @ 6% P.A. (EXCLUDING RS.15,000/- FOR FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellant - Claimant is present
through video conferencing/Physical Hearing. The learned Counsel appearing
for the Respondent – Insurance Company along with its representative are present.
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stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement
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arrived at between the parties in M.F.A. No.6230/2014 filed by the appellant – claimant, the connected M.F.A. No.6150/2014 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly.
Sd/JUDGE
Sd/MEMBER
Rbv
Mr. Mohan D.
The Manager, ICICI Lombard General Insurance Company Ltd.
B. Veerappa
M.N. Umashankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
