Partly allowed

Laxman S/O : Irappa Pawashe v. Pundalik S/O : Nago Dhayagonde

Karnataka HC4 Feb 2013MFA/20150/2010

Case brief

AI extract

What is this about?

In this Lok Adalat conciliation proceeding, the parties reached a settlement to enhance the compensation awarded in the underlying motor accident case. The court ordered the insurance company to pay an additional Rs. 30,000, with 50% in a five-year fixed deposit for the claimant.

What did the court decide?

Award in MVC No.2936/2008 modified; Rs.30,000 enhancement approved; 50% of enhancement in fixed deposit for 5 years; interest at 9% per annum.

Laxman S/O : Irappa Pawashe Vs Pundalik S/O : Nago Dhayagonde — Insurance | Karnataka HC (2013)

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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD

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BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT

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BENCH AT DHARWAD

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DATED THIS THE 4TH DAY OF FEBRUARY 2013

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CONCILIATORS PRESENT:

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THE HON’BLE MRS JUSTICE B S INDRAKALA

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AND

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SRI K L PATIL, MEMBER

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MFA NO.20150/2010 (MV)

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LOK ADALAT NO.56/2013

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Between:

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AGE: 56 YEARS SRI LAXMAN S/O IRAPPA PAWASHE

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0CC: AGRICULTURE

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NOW NIL, R/O UCHAGAON TQ & DIST: BELGAUM - 590016.

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..APPELLANT

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(BY SRI M M KHANNUR, ADVOCATE)

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And:

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SHRI PUNDALIK

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R/o BEKKINKERE 0CC: BUSINESS AGE: MAJOR (Correct age not known) 2. 5/0 NAGO DHAYAGONDE TQ & DIST: BELGAUM

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1. .. RESPONDENTS UNITED INDIA INSURANCE CO. LTD. BELGAUM DIVISIONAL MANAGER 3. THE DIVISIONAL MANAGER MARUTI GALLI

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(BY SRI C V ANGADI, ADVOCATE FOR R.2)

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Judge (SD) & MACT, Belgaum partly allowing the claim passed in MVC No.2936/2008 on the file of the Prl.Civil against the judgment and compensation. petition for compensation and seeking enhancement of award dated:23/ 10/2009 This MFA is filed under Section 173(1) of MV Act

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Conciliation Order is passed. This appeal coming on for conciliation, before Lok Adalat, after being referred by the Court, the following

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CONCILIATION ORDER

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counsel for respondents are present. The learned counsel for the appellant, the learned

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arrived at a settlement. The second respondent has 2. After due deliberation in the matter, they have

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has agreed to receive the said amount in full and final amount already awarded by the Tribunal. The appellant settlement of the claim. Thousand Only) without interest, in addition to the agreed to pay a sum of Rs.30,000/(Rupees Thirty

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amount shall carry interest at the rate of 9% per annum the amount before the Tribunal within six weeks from the date of preparation of the award, failing which the The second respondent has agreed to deposit from the date of default, till the date of deposit. 3.

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interest of the parties and therefore, accepted. The parties have filed a Joint Memo in terms The settlement is in the best 4. of their settlement.

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Accordingly, the Judgement and Award passed by the Civil Judge (Sr.Dn.) & Addi. 5. MACT, Belgaum

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dated 23.10.2009 in MVC No.2936/2008 stands

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modified in terms of the Joint Memo.

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Out of the enhanced compensation of Rs.30,000/-, 50% shall be deposited in fixed deposit account in the name of the claimant/appellant for a period of five years renewable by another five years with liberty reserved to him to withdraw the interest periodically and remaining amount of Rs. 15,000/- shall be released in favour of the claimant/appellant immediately on deposit by the insurance company.

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Draw up the award in terms of the Joint Memo.

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Sd/ JtJDGE

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Brn

Laxman S/O : Irappa Pawashe v. Pundalik S/O : Nago Dhayagonde

Case brief

What is this about?

What did the court decide?

Laxman S/O : Irappa Pawashe v. Pundalik S/O : Nago Dhayagonde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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