Allowed

Smt. D.T Nandini v. Ravi S/O Siddalingaiah

Karnataka HC6 Dec 2014MFA/7063/2013

Case brief

AI extract

What is this about?

A First Appeal filed against a Motor Accident Claims Tribunal award was settled in Lok Adalat. The insurance company agreed to pay an additional Rs. 1,60,000 in full and final settlement along with future interest provisions, disposing of the appeal and modifying the original award.

What did the court decide?

Respondent Insurance Company to pay Rs. 1,60,000 in addition to tribunal award with 9% p.a. interest if not deposited within six weeks.

Smt. D.T Nandini Vs Ravi S/O Siddalingaiah — Insurance | Karnataka HC (2014)

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HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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Dated this the 6^th December, 2014

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Conciliators Present

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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Smt.K.NALINA , MEMBER

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Between:

Smt.D.T.Nandini

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D/o late D.K.Ganesh, 23 yrs,

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Kenchappa, S/o late Puttaiah, 74 yrs,

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Ankamma, W/o JKenchappa, 68 yrs,

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All are r/at Devasandra village, Attiguppe Post, Harohalli Hobli, Kanakapura Taluk, Ramanagara Dist. .. Appellants

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( By Sri Madhava Reddy Vedanakai Narayan, Advocate )

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And:

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Ravi S/o Siddalingaiah, No.319, 2^nd Division, Kanakapura Taluk, Ramanagar Dist.

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IFFCO Tokio General Insurance Co.Ltd., Regional Office, Stragegil Business Unit, 3^rd Floor, 3^rd Block, KSCMS Building, No.8, Cunningham Road, Bangalore. .. Respondents

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( By Sri A.N.Krishnaswamy, Advocate for R-1 )

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This First Appeal is filed under Sec. 173(1) of the Motor Vehicles Act praying against the judgment and award dated 1.4.2013 passed in MVC.No.122/2009 on the file of the 6^th Addl.Judge, MACT, Court of Small Causes, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.

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This First Appeal coming on for conciliation before Lok Adalat after being referred vide order dated 10.4.2014, the following conciliation order is passed.

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CONCILIATION ORDER

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Learned counsel for the appellants and the counsel representing

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the respondent – IFFCO Tokio General Insurance Co. Ltd., along with its representative are present.

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After prolonged negotiations, the matter is settled. Respondent

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Insurance Company has agreed to pay and the appellants have agreed

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to receive a sum of Rs.1,60,000/- (Rupees One lakh sixty thousand) only in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.

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The respondent – Insurance Company has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of award, failing which the said amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The amount deposited before this Court if any, shall be transferred to the Tribunal.

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The entire enhanced compensation amount shall be released in favour of the appellans.

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The appeal stands disposed of in terms of the joint memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

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Sd/Judge

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Sd/Member

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Smt. D.T Nandini v. Ravi S/O Siddalingaiah

Case brief

What is this about?

What did the court decide?

Smt. D.T Nandini v. Ravi S/O Siddalingaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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