Disposed

Kashavva W/O.Padadayya Hiremath Occ Flower Vending v. Bashir Ahamed S/O.Nannesab Shiggaob Major

Karnataka HC4 Feb 2013MFA/20311/2010

Case brief

AI extract

What is this about?

A Lok Adalat conciliatory order in a Motor Accidents claim appeal where parties settled. The insurer agreed to an additional payment of Rs. 75,000 to the appellant, with specific deposit instructions, modifying the earlier tribunal award.

What did the court decide?

Insurance company to pay appellant Rs. 75,000 additional; Rs. 40,000 in fixed deposit account immediately, Rs. 35,000 for five years renewable.

Kashavva W/O.Padadayya Hiremath Occ Flower Vending Vs Bashir Ahamed S/O.Nannesab Shiggaob Major — Karnataka HC (2013) — LawSathi Research

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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.20311/2010 (MV) LOK ADALAT NO.39/20 13

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Between:

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SMT KASHAVVA W/O PADADAYYA HIREMATH AGE: 47 YEARS 0CC: FLOWER VENDING R/O BUDIGOPPA TQ: SAUNDA1TI

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DIST: BELGAUM.

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. .APPELLANT

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(BY SRI H M DHARIGOND, ADVOCATE)

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And:

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BASHIRAHAMED S/O NANNESAB SHIGGAOB

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AGE: MAJOR 0CC: BUSINESS R/O KUMBARGALLI PLOT MUNDAGOD DISTRICT NORTH KANARA

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THE UNITED INDIA INSURANCE CO. LOTD. BRANCH OFFICE: MOODI COMPLEX HOSPETH ROAD SIRSI - 581401, THROUGH THE DIVISIONAL MANAER, THE UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, BELGAUM, DIST: BELGAUM. .. RESPONDENTS

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

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This MFA is filed under Section 173(1) of MV Act against the judgment and award dated:8/ 10/2009 passed in MVC No.1083/2007 on the file of the Member, Addi. MACT, Saundatti partly allowing the claim petition for compensation and seeking enhancement of compensation.

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

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CONCILIATION ORDER

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The learned counsel for the appellant, the learned

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counsel for respondent no. 2 are present.

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

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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. agreed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) without interest, in addition to the

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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 Member, Addi. MACT, Saundatti dated 8.10.2009 5.

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passed in MVC No.1083/2007 stands modified in terms of the Joint Memo.

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claimant/appellant Rs.75,000/-, Rs.40,000/- shall be deposited in fixed enhanced released the the compensation deposit account in the name of the claimant/appellant immediately on deposit by the insurance company. Out with liberty reserved to him to withdraw the interest periodically and remaining amount of Rs.35,000/- shall be in favour for a period of five years renewable by another five years 6. of of of

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Draw up the award in terms of the Joint Memo.

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JUDGE

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t 4’

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Brn

Kashavva W/O.Padadayya Hiremath Occ Flower Vending v. Bashir Ahamed S/O.Nannesab Shiggaob Major

Case brief

What is this about?

What did the court decide?

Kashavva W/O.Padadayya Hiremath Occ Flower Vending v. Bashir Ahamed S/O.Nannesab Shiggaob Major

Case brief

What is this about?

What did the court decide?

What the court decided

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