Disposed

Mahadevi W/O Kallappa Gawandi, v. Shivayya S/O Annayya Swami

Karnataka HC2 Sept 2016MFA/200146/2015

Case brief

AI extract

What is this about?

The Motor Accident Claims Tribunal, Kalaburagi, in a Lok Adalat proceeding, settled the appeal filed by the claimant against the original award. The parties agreed to a lump sum enhancement of Rs. 2,50,000 to be deposited by the insurance company, with half in fixed deposit for three years and half released immediately.

What did the court decide?

Original award modified to include additional Rs. 2,50,000; 50% in 3-year fixed deposit, 50% released immediately upon deposit.

Mahadevi W/O Kallappa Gawandi, Vs Shivayya S/O… — Execution and Attachment | Karnataka HC (2016)

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI

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BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2016

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE BUDIHAL R.B.

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AND

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SRI M.A.QUAYUM, MEMBER

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M.F.A. NO.200146/2015 (MV)

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(LOK ADALAT NO.1048/2016)

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BETWEEN:

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MAHADEVI W.O KALLAPPA GAWANDI AGE: 48 YEARS OCC: HOUSE HOLD R/O MASHYAL, TQ. AFZALPUR DIST. GULBARGA

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...APPELLANT

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(BY SRI SHARANABASAPPA K. BABSHETTY, ADV.)

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AND:

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SHIVAYYA S/O ANNAYYA SWAMI AGE: 38 YEARS OCC: BUSINESS

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R/O A/P TANDULWADI TQ. SOUTH SOLAPUR DIST. SOLAPUR- 413 307

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BHARTI AXA GENERAL INSURANCE CO. LTD., PRIDE QUARDA NO.30, II FLOOR BANGALORE- 560 024

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...RESPONDENTS

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(BY SRI SANGANABASAV B. PATIL, ADV. FOR R1; SRI C.S. KALBURGI, ADV. FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2014 PASSED IN MVC NO.1136/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT GULBARGA, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION THIS DAY, BUDIHAL R.B. J ., DELIVERED THE FOLLOWING:-

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CONCILIATION ORDER

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The learned counsel for the appellant and the

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representative of the Respondent No.2-Insurance

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Company along with its counsel are present.

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This is a claimant’s appeal as against the

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judgment and award passed by the Tribunal. By mutual consent of the parties, it is agreed for a lump sum of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) in addition to the amount 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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Respondent No.2 – Insurance Company shall

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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 the rate of 9% p.a.. from the date of default, till the date of deposit.

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Out of the total enhanced compensation

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amount, 50% is to be deposited in the name of the appellant-claimant in Fixed Deposit in any nationalized bank for a period of three years, the balance 50% be

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released to the appellant immediately after the deposit is made.

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This miscellaneous first appeal stands disposed

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of in terms of the joint memo. The award of the Tribunal shall stand modified accordingly.

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Sd/JUDGE

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Sd/MEMBER

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SDU CT-SI

Mahadevi W/O Kallappa Gawandi, v. Shivayya S/O Annayya Swami

Case brief

What is this about?

What did the court decide?

Mahadevi W/O Kallappa Gawandi, v. Shivayya S/O Annayya Swami

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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