A Lok Adalat conciliation order in a motor accident first appeal where the appellants and respondents settled to receive and pay an additional lump-sum compensation of Rs. 1,00,000/- respectively, modifying the tribunal award.
Issued time-bound order for settlement of additional Rs. 1,00,000/- compensation with instructions to modify the Tribunal award.
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 1ST DAY OF MARCH 2024
CONCILIATORS PRESENT:
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
&
SRI. P.D. SUBRAMANYA, MEMBER
M.F.A.No. 75/2023 (MV) (Lok Adalat No. 1197/2024)
BETWEEN:
2 Aged about 23 years, Resident of Sangananakere, Hercharaka Village, Gowthamapura Village, Sagara Taluk, Shimoga District-577 206.
(By Sri. C. Shankara Reddy, Advocate for R-2)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2021 PASSED IN MVC NO.385/2020 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM &
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ADDL. MACT-VII, SHIVAMOGGA, 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 Appellants - Claimants is present.
The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.
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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.
the appellants / claimants in terms of the apportionment made in the Judgment and Award passed by the Claims Tribunal.
Sd/JUDGE
Sd/MEMBER
Rbv
2 issues framed by the court
Whether the claim petition for enhancement of compensation can be settled amicably before the motor accident claims tribunal.
How to apportion the additional settlement amount among the legal heirs.
Smt. Sharadamma, Ruchith Kumar H.M., Pallavi H.M., Smt. Manjamma
Sathish S.M.
United India Insurance Co. Ltd.
K.S. Hemalekha
P.D. Subramanya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
