Dismissed

Ravikumar @ Chitrashekhar S/O Hanumanthrai Biradar v. Vijaykumar S/O Swamirao

Karnataka HC7 Sept 2016MFA/201981/2014

Case brief

AI extract

What is this about?

In a Lok Adalat concerning a motor accident first appeal, parties settled the claim for Rs. 1,00,000 as additional compensation to the Tribunal's award, with the order stipulating a deposit and interest on default.

What did the court decide?

Rs. 1,00,000 additional compensation to be deposited by the insurance company within six weeks with 9% interest on default.

Ravikumar @ Chitrashekhar S/O Hanumanthrai Biradar… — 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 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.201981/2014 (MV)

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(LOK ADALAT NO.1005/2016)

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BETWEEN:

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RAVIKUMAR @ CHITRASHEKHAR S/O HANUMANTHRAI BIRADAR AGE: 40 YEARS, OCC: NOW NIL, R/O GANAPOOR, NOW RESIDING AT CHIMKODE, TQ & DIST: BIDAR- 585 401

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...APPELLANT

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(BY SRI. BASAVARAJ R. MATH, ADV.)

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AND

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VIJAYKUMAR S/O SWAMIRAO, AGE: MAJOR, OCC: BUSINESS, R/O KAROOR, NOW C/O K TARANATH

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PLOT NO.16 RAGHAV KALYAN COLONY, BELLARY- 586 101

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(OWNER OF TATA INDIGO CAR BEARING REG.NO.KA-05/MB-9026)

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BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED ADDRESS: GROUND FLOOR, TBR TOWER, I ST CROSS, NEW MISSION ROAD, ADJACENT TO JAIN COLLEGE AND BANGALORE STOCK EXCHANGE, BANGALORE 560 001 (POLICY NO.OG-09-1701-1801-00019204 VALID FROM 10-10-2009 TO 10-10-2009)

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...RESPONDENTS (BY SRI. SUDARSHAN M., ADV. FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 09.08.2016)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWRD DATED 13.06.2014 PASSED IN MVC NO.520/2010 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE AND M.A.C.T BIDAR, 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 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 judgment and award passed by the Tribunal. By mutual consent of the parties, it is agreed for a lump sum of Rs.1,00,000/- (Rupees One 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

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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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The entire amount is ordered to be released in

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favour of the appellant-claimant.

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This Miscellaneous First Appeal stands disposed 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

Ravikumar @ Chitrashekhar S/O Hanumanthrai Biradar v. Vijaykumar S/O Swamirao

Case brief

What is this about?

What did the court decide?

Ravikumar @ Chitrashekhar S/O Hanumanthrai Biradar v. Vijaykumar S/O Swamirao

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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