Appeal under Section 173(1) MV Act seeking enhancement of motor accident compensation was settled before Lok Adalat. Insurer agreed to pay Rs. 40,000 over the Tribunal award; deposit within six weeks failing which 9% interest; appeal disposed of per joint memo and Tribunal award modified.
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 23RD DAY OF JANUARY 2024
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR &
SMT. K.T. PREMALATHA, MEMBER
M.F.A.No. 2589/2019 (MV) (Lok Adalat No. 2722/2023)
BETWEEN
Mrs. Sumayya Noushad W/o Dr. Noushad S.K., Aged about 48 years, R/o Sumayya Manzil, Arooru Village, Kunjal Post, Udupi Taluk and District – 576 213. ...APPELLANT
(By Sri. D. Sadashiva, Advocate)
AND
S/o Kunhippa, Aged about 52 years, R/o H. No.09/250B, Chindrabail, Addooru, Urdooru Post, Mulleriya, Kasaragod.
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Rep. by its Nearest Sri Ram Arcad, 2nd Floor, Office Head Post Office, Udupi – 576 101. RESPONDENTS
(By Smt. Manjula N. Tejaswi, Advocate for R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2019 PASSED IN MVC NO. 736/2015 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, UDUPI, 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 Company has agreed to pay a lump-sum of Rs. 40,000/- (Rupees Forty Thousand only), in
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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 issue framed by the court
Whether the compensation awarded by the Tribunal could be enhanced by consent through Lok Adalat conciliation.
1 provisions across 1 enactments
Mrs. Sumayya Noushad
Abdul Khader
The New India Assurance Co. Ltd., Kasaragod
Hanchate Sanjeevkumar
K.T. Premalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
