Appeal against Motor Vehicle Accident compensation award settled in Lok Adalat. Respondent insurance agreed to pay Rs.80,000 enhancement in addition to Tribunal award to settle matter.
Respondent No.2 agreed to pay Rs.80,000 enhancement to modify the Tribunal's award and settle the matter in full.
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 07TH DAY OF MARCH 2024
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA &
SMT. K.T. PREMALATHA, MEMBER
M.F.A.No. 99/2023 (MV)
(Lok Adalat No. 1934/2023)
BETWEEN
SRI. VISHWANATH SHETTY S/O RAMANA SHETTY AGED ABOUT 56 YEARS
R/AT HARYADI KEREMANE SHIRIYARA POST
KUNDAPURA TALUK
...Appellant
(BY SRI. NAGARAJA HEGDE, ADVOCATE)
AND
R/AT NO. 62, 5TH MAIN ROAD RPC LAYOUT, VIJAYANAGARA BENGALURU.
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YERWARDA, PUNE -411 006 REP BY ITS BRANCH MANAGER.
3 . SRI NAGESH KAMATH S/O RAMAPPA KAMATH AGE MAJOR TILES AND BRICKS MERCHANT R/AT ANAJANEYA STREET SRINGERI.
4 . THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, LAXMI SHOPPING COMPLEX SUBHASH ROAD KOPPA, REP BY ITS BRANCH MANAGER.
…Respondents
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R-2, SRI. K SURESH, ADVOCATE FOR R-4, NOTICE TO R-1 & R-3 – D/W V.C.O. DATED 10.01.2023)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2022 PASSED IN MVC NO.995/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL 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.
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CONCILIATION ORDER
The learned Counsel appearing for the Appellant - Claimant is present.
The learned Counsel appearing for the Respondent No.2 – Insurance Company along with its representative are present.
the appellant / claimant, on proper identification.
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memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/JUDGE
Sd/MEMBER
Rbv
2 issues framed by the court
Whether the claimant is entitled to enhanced compensation beyond the Tribunal's award.
Whether a settlement regarding enhanced compensation can be reached in Lok Adalat.
Sri. Vishwanath Shetty
Sri. Ananda Shetty
Bajaj Allianz General Insurance Company Ltd.
Sri. Nagesh Kamath
The Oriental Insurance Company Ltd.
T.G. Shivashankare Gouda
K.T. Premalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
