In a miscellaneous first appeal against a judgment awarding compensation in a motor accident case, the parties reached a settlement during Lok Adalat conciliation proceedings. The respondent insurance company agreed to pay an additional sum of Rs. 1,50,000/- and modify the tribunal's award accordingly.
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 19th DAY OF APRIL 2023
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR &
SRI. P.D. SUBRAMANYA, MEMBER
M.F.A.No. 402/2023 (MV)
(Lok Adalat No. 238/2023)
BETWEEN
Sri. Shivannanaik S/o Puttanaika @ Kyathaiana’s Putta Naika, Aged 41 years, R/at Chandagalu Village, K.R. Nagar Taluk, Mysuru District – 571 408. ...APPELLANT
(By Sri. Pramod R., Advocate)
AND
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Chamarajapuram, Mysuru – 570 004. RESPONDENTS
(By Sri. H.C. Vrushabhendraiah, Advocate for R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2022 PASSED IN MVC NO. 669/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, KRISHNARAJANAGARA, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellant - Claimant is present.
The learned Counsel appearing for the Respondent –Insurance Company and along with its representative are present.
by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 1,50,000/- (Rupees One Lakh
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Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
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 the dispute regarding enhancement of compensation in a motor accident case is settleable before a Lok Adalat.
What was the agreed settlement amount for the enhancement of compensation.
Sri. Shivannanaik
Sri. Raghu Ram Bhat
United India Insurance Co. Ltd.
Hanchate Sanjeevkumar
P.D. Subramanya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
