Allowed

Sri.Tanaji S/O Ramu Chavan and Anr. v. Shri.Vishwas S/O Namadev Masal and Anr.

Karnataka HC2 Sept 2016MFA/200694/2015

Case brief

AI extract

What is this about?

The High Court LOK ADALAT disposed of an appeal regarding a motor accident compensation award. By mutual consent, the insurance company agreed to increase the compensation to Rs.3,15,000/- in addition to the tribunal's award. The amount shall be deposited with interest.

What did the court decide?

Modified the Tribunal's award to enhance compensation by Rs.3,15,000/- in addition to the awarded amount, to be deposited by the insurance company.

Sri.Tanaji S/O Ramu Chavan and Anr. Vs Shri.Vishwas S/O Namadev Masal and Anr. — Karnataka HC (2016) — LawSathi Research

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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.200694/2015 (MV) (LOK ADALAT NO.618/2016)

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BETWEEN:

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SRI TANAJI S/O RAMU CHAVAN AGED ABOUT 47 YEARS OCC: COOLIE

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SMT. KALAWATI W/O TANAJI CHAVAN AGED ABOUT 42 YEARS OCC: HOUSEHOLD WORK

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APPELLANTS ARE R/O BELLUNKI, TQ. JATH DIST. SANGLI- 416 416

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...APPELLANTS

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(BY SRI S.S. MAMADAPUR, ADV.)

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AND:

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SHRI VISHWAS S/O NAMADEV MASAL AGE: MAJOR OCC: AGRICULTURE R/O BAJ, TQ. JATH DIST. SANGLI- 416 416

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THE MANAGER LEGAL BHARATI AXA GENERAL INSURANCE CO. LTD., 1^ST FLOOR, FERNS ICON SY. NO.28 DODDANEKUNDI VIJAYPUR- 586 101

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...RESPONDENTS

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(BY SRI C. S. KALBURGI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH V/O DATED: 7.11.15)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE APPLLANTS BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 13.03.2015 PASSED BY THE LEARNED MEMBER, MACTVII, VIJAYPUR, IN MVC NO: 795/2013, IN THE INTEREST OF JUSTICE AND EQUITY.

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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 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 claimants appeal as against the judgment and award passed by the Tribunal. By mutual consent of the parties, it is agreed for a lump sum of Rs.3,15,000/- (Rupees Three Lakh Fifteen 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

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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, a sum of Rs.2,00,000/- is ordered to be released in favour of the appellants-claimants and the remaining

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amount is to be deposited in the name of the appellantsclaimants in Fixed Deposit in any nationalized bank for a period of three years.

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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 shall stand modified accordingly.

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Sd/JUDGE

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Sd/MEMBER

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SDU CT-SI

Sri.Tanaji S/O Ramu Chavan and Anr. v. Shri.Vishwas S/O Namadev Masal and Anr.

Case brief

What is this about?

What did the court decide?

Sri.Tanaji S/O Ramu Chavan and Anr. v. Shri.Vishwas S/O Namadev Masal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

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