Dismissed

Sunanda W/O Daulappa @ Daulat, v. Shivayya S/O Annayya Swami

Karnataka HC2 Sept 2016MFA/200147/2015

Case brief

AI extract

What is this about?

This Lok Adalat settled a Motor Accident claimant's appeal. Parties agreed to a lump sum of Rs. 5,00,000/- in addition to the tribunal award for full and final settlement. The insurance company was ordered to deposit the amount within six weeks.

What did the court decide?

Insurance company to deposit Rs. 5,00,000/- within six weeks interest at 9% p.a. from date of default; balance 50% released immediately after deposit.

Sunanda W/O Daulappa @ Daulat, Vs Shivayya S/O… — Motor Accident Claims | 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.200147/2015 (MV)

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(LOK ADALAT NO.338/2016)

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BETWEEN:

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SUNANDA W/O DAULAPPA @ DAULAT AGE: 43 YEARS OCC: HOUSEHOLD

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DAULAPPA DAULAT S/O HANAMANT GOUNDI AGE: 48 YEARS OCC: NIL

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BOTH ARE R/O H.NO.1/2/A, MASHAL TQ. AFZALPUR, DIST. GULBARGA

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...APPELLANTS

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

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

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...RESPONDENTS

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(BY SRI SUHAS BAHUBALI PANDIT, ADV. FOR R1; SRI C.S. KALABURAGI, 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.1192/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT AT GULBARGA.

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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 appellants 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. 5,00,000/- (Rupees Five Lakh 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 amount, 50% is to be deposited in the name of the appellants-claimants in Fixed Deposit in any nationalized

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bank for a period of three years, the balance 50% be released to the appellants immediately after the deposit is made.

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5. This miscellaneous first appeal stands disposed

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of in terms of the joint memo. The award of the Tribunal

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shall stand modified accordingly.

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Sd/JUDGE

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Sd/MEMBER

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SDU CT-SI

Sunanda W/O Daulappa @ Daulat, v. Shivayya S/O Annayya Swami

Case brief

What is this about?

What did the court decide?

Sunanda W/O Daulappa @ Daulat, 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

Cases cited

Parties & counsel

Coram

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