A motor accident claimant's appeal seeking enhancement of Tribunal-awarded compensation was settled in a Lok Adalat for a lump sum of Rs. 35,000/- over and above the Tribunal award; deposit terms with default interest were set and the appeal was disposed of per joint memo.
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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. 4047/2019 (MV) (Lok Adalat No. 39/2024)
BETWEEN
Sri. Mahanthesh S/o Laxman Poojary, Aged about 30 years, R/o Girijashree House, Anagodu, Trasi Village, Kundapura Taluk, Udupi District – 576 226. ...APPELLANT
(By Sri. K. Prasanna Shetty, Advocate)
AND
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Pushpa Building, Y.M. Shetty Road, Kundapura – 576 201. RESPONDENTS
(By Smt. Lata Prasad, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 28.11.2022)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2018 PASSED IN MVC NO. 74/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, KUNDAPURA, 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. 35,000/- (Rupees Thirty Five Thousand
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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 issue framed by the court
Whether the motor accident compensation claim could be settled for an enhanced amount through Lok Adalat conciliation.
1 provisions across 1 enactments
Sri. Mahanthesh S/o Laxman Poojary
Sri. Gopal Devadiga S/o Late Shesha Devadiga
The New India Assurance Co. Ltd.
Hanchate Sanjeevkumar
K.T. Premalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
