Allowed

Nagappa S/O Chandrakant @ Kantappa v. Sri.Ashol S/O Masudappa Guttedar and Anr.

Karnataka HC7 Sept 2016MFA/200772/2016

Case brief

AI extract

What is this about?

The High Court at Kalaburagi LOK ADALAT, acting under Section 173(1) of the Motor Vehicles Act, settled a claimant's appeal by mutual consent. The insurance company agreed to pay Rs. 2,42,000 in addition to the Tribunal's award, with Rs. 1,00,000 placed in fixed deposit for three years. The appeal was disposed of reflecting this settlement.

What did the court decide?

Insurance company to deposit Rs. 2,42,000 (Rs. 1,00,000 in fixed deposit for 3 years, balance released immediately); Appeal disposed of reflecting modification of Tribunal award.

Nagappa S/O Chandrakant @ Kantappa Vs Sri.Ashol S/O… — Motor Accident Claims | Karnataka HC (2016)

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI

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DATED THIS THE 07^TH 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 A.M. PATIL, MEMBER

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M.F.A. NO.200772/2016 (MV) (LOK ADALAT NO. 863/2016)

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BETWEEN:

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NAGAPPA S/O CHANDRAKANT @ KANTAPPA KONASHIRASAGI, ALIAS: ANOOR, AGE: 24 YEARS, OCC: AGRICULTURE R/O YATANUR, TQ: JEWARGI NOW R/O C/O B.R.PATIL H.NO.33, PULAKESHI NAGAR, B.BAGEWADI ROAD, VIJAYAPUR 586 101

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...APPELLANT

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(BY SRI. BIRADAR VIRANAGOUDA, ADV.)

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AND

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SRI.ASHOK S/O MASUDAPPA GUTTEDAR AGE: 40 YEARS, OCC: BUSINESS R/O CHITAGUPPA TQ: HUMANABAD DIST: BIDAR 585 330

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THE MANAGER LEGAL CHOLAMANDALAM M.S. GEN. INSURANCE CO. LTD., NO. 9, ALSOOR ROAD, BANGALURU- 560 017

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...RESPONDENTS

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(BY SRI. C.S.KALABURAGI, ADV. FOR R2)

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THIS MFA IS FILED UNDER SECTION U/S. 173(1) OF MV ACT, PRAYING TO, ALLOW THIA APPEAL MODIFYING THE JUDGMENT AND AWARD DATED 22.09.2015 PASSED BY THE LEARNED MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, VIJAYAPUR IN MVC NO.1040/2012, AND ALLOW THE CLAIM PETITION AS PRAYED FOR, 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 appellant and the representative of the Respondent No.-Insurance Company along with its counsel are present.

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This is a claimant’s 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.2,42,000/- (Rupees Two Lakhs Forty Two 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 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, Rs.1,00,000/- 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 of Rs.1,42,000/- be released to the appellant immediately after the deposit.

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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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bkp

Nagappa S/O Chandrakant @ Kantappa v. Sri.Ashol S/O Masudappa Guttedar and Anr.

Case brief

What is this about?

What did the court decide?

Nagappa S/O Chandrakant @ Kantappa v. Sri.Ashol S/O Masudappa Guttedar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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