The National Lok Adalat settled a Miscellaneous First Appeal regarding a motor accident claim. The insurance respondent agreed to pay an additional Rs. 25,000 to the appellant over the tribunal's award, with interest for delayed payment.
Enhanced compensation of Rs. 25,000 in addition to the Tribunal's award with 9% interest for default.
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.
HIGH COURT LEGAL SERVICES COMMITTEE BENGALURU
BEFORE THE NATIONAL LOK ADALATH
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2023
CONCILIATORS PRESENT:
THE HONOURABLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
AND
SRI. SHANTHI BHUSHAN H., MEMBER
M.F.A.No.5456/2019 [MV]
(Lok Adalat No.2771/2023)
BETWEEN:
Harish Naik, S/o Papa Naik, Age 26 years, Occ:Coolie, R/o Siddapura, Bhadravathi Taluk, Shivamogga District.
… Appellant
(By Sri. Prasad B.S., Advocate)
AND:
R/o Pete Beedi, Harnalli Village-577416,
M.F.A.No.5456/2019
2
Shivamogga District.
Rayal Sundaram General Insurance Co. Ltd., Branch office, 1st Floor, Prathap Arcade, Near Jail Circle, Shivamogga-577201.
… Respondents
(By Sri. Ravi S.Samprathi, Advocate for R-3; Notice to R-1 & R-2 - dispensed with vide order dt.27-07-2022)
This MFA is filed under Section 173(1) of Motor Vehicles Act, 1988, praying to modify the award dated 13-12-2018 passed by the learned II Addl. Senior Civil Judge and AMACT-8 at Shivamogga in M.V.C.No.127/2017 and allow the claim petition as prayed for in the interest of justice.
This MFA coming on for conciliation before the National Lok Adalat, this day, the following Conciliation Order is passed:
CONCILIATION ORDER
The matter is taken up in the Lok Adalath.
and the representative of the third Respondent-Insurance
Company along with its counsel are present.
parties is settled. The appellant/claimant through his counsel has agreed to receive and the third RespondentInsurance Company has agreed to pay a global
2
M.F.A.No.5456/2019
3
compensation of ` 25,000/(Rupees Twenty Five
Thousand only) , in addition to what has been awarded by the Tribunal, in full and final settlement of the appellant's claim. A Joint Memo is filed on behalf of the parties to this effect.
present, it was convinced that the said Joint Memo has been filed by both sides out of their volition and free consent and keeping the best interest of both the parties. As such, the Joint Memo is accepted.
is not a huge amount and also after hearing the submission of the learned counsel for the appellant, the entire enhanced amount is ordered to be released in favour of the appellant/claimant in accordance with law. However, the order of the Tribunal regarding release/deposit of the compensation amount in the impugned judgment, if any, remains unaltered.
3
M.F.A.No.5456/2019
4
agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award,
failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.
of in terms of the Joint Memo. The award of the Tribunal
shall stand modified accordingly. Draw up the modified award accordingly.
Registry to transmit the MACT records received, if
any, to the said Court along with a copy of this conciliation
order immediately, but, not later than three weeks from today.
Sd/-
JUDGE
Sd/MEMBER
BMV*
4
Harish Naik
Maruthi
Rudreshappa
The Manager, Rayal Sundaram General Insurance Co. Ltd.
Dr. Justice H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
