Motor accident claimant sought enhancement of Tribunal compensation; settled in Lok Adalat for an additional lump sum of Rs.40,000 payable by the insurer, with the appeal disposed of and the Tribunal award modified accordingly.
Additional compensation of Rs. 40,000/- from insurer payable within six weeks, else with 9% p.a. interest; Tribunal award modified.
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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 05TH DAY OF MARCH 2024
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA &
SMT. K.T. PREMALATHA, MEMBER
M.F.A.No. 2554/2022 (MV)
(Lok Adalat No. 1297/2024)
BETWEEN
MR GANESH ACHARYA S/O JANAPPA ACHARYA AGED ABOUT 54 YEARS R/AT GANAPATHI NILAYA
JATAYA ROAD, BEERI KOTEKAR, MANGALURU D K DIST 575012
...Appellant
(BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE)
AND
1 . MR AGIL RAJ K S/O RAJ KUMAR T AGED ABOUT 29 YEARS R/AT S R NIVAS
MADHAVA PAI COMPOUND KOIPADY KASARAGOD KUMBLA POST, KERALA 671321.
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2 . THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD BALMATTA, SANDANA BUILDING BRIDGE ROAD, BALMATTA MANGALURU D K DIST-575001.
…Respondents
(BY SRI. B A RAMAKRISHNA, ADVOCATE FOR R2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.10.2021 PASSED IN MVC NO.336/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, DAKSHINA KANNADA, MANGALURU, 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 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
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Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty 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
1 provisions across 1 enactments
Ganesh Acharya
Agil Raj K
Divisional Manager, United India Insurance Co Ltd
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
