Lok Adalat conciliated motor vehicle accident appeals arising from conflicting claims adjust the Tribunal award amount under section 173(1) of the Motor Vehicles Act.
Settlement of Rs. 1,50,000 agreed; Tribunal award modified; Appeals disposed.
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 17TH DAY OF JANUARY 2023
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE M.I. ARUN
&
SRI.P.D.SUBRAMANYA, MEMBER
M.F.A.No. 987 OF 2019 (MV-I) (Lok Adalat No. 147/2023) C/w
M.F.A.No. 2053 OF 2018 (MV-I) (Lok Adalat No. 148/2023)
IN M.F.A. NO. 987/2019:
BETWEEN:
NESTON MESCHARANAS, AGED ABOUT 25 YEARS, S/O PEDRIK MESCHARANAS, R/O HEBBARBETTU, ANEGALLI VILLAGE, KUNDAPURA, UDUPI DISTRICT - 576 201.
... APPELLANT
(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
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R/O KELARKARBETTU, SANTHEKATTE POST, UDUPI - 576 201.
... RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED IN MVC NO.185/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO. 2053/2018
BETWEEN:
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., E/8, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTAN - 302 022.
NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE, BILAKAHALLI, BANNERGHATTA MAIN ROAD, IIMB POST, BANGALORE, REP. BY ITS ASSIT. MANAGER.
… APPELLANT (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE)
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AND:
… RESPONDENTS
(BY SRI. DAYANANDA K.G, ADOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED IN MVC NO.185/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA AND MEMBER, ADDL. MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.75,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THESE APPEALS 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
through 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 arrived
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at between the parties in M.F.A. No.987/2019 filed by the appellant – claimant, the connected M.F.A. No.2053/2018 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly.
Sd/JUDGE
Sd/MEMBER
pgg
1 issue framed by the court
Whether the compensation claimed in the motor vehicle accident case can be settled through Lok Adalat conciliation.
1 provisions across 1 enactments
Neston Mescharanas
Prakash D. Almeda
Shriram General Insurance Co. Ltd.
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
