Disposed

Gaddeppa S/O Lingappa v. Davappagouda S/O Gangurappa Balli and Anr.

Karnataka HC7 Sept 2016MFA/32546/2012

Case brief

AI extract

What is this about?

In this Lok Adalat conciliation, the High Court at Kalaburagi settled a First Appeal against a Motor Vehicle Accident Claims Tribunal award. By mutual consent, the insurance respondent agreed to deposit an additional Rs. 80,000 in full and final settlement, with interest on default, modifying the Tribunal's award.

What did the court decide?

Insurance company ordered to pay Rs. 80,000/- plus interest on default; Tribunal award modified.

Gaddeppa S/O Lingappa Vs Davappagouda S/O Gangurappa… — 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.32546/2012 (MV)

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(LOK ADALAT NO.834/2016)

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BETWEEN:

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GADDEPPA S/O LINGAPPA AGE: 36 YEARS OCC. AGRICULTURE, R/O CHIKKA UPPERI, TQ. LINGSUGUR NOW RESIDING AT PAMANAKALLUR VILLAGE, TQ MANVI DIST. RAICHUR- 584 122

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...APPELLANT

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(BY SRI. SACHIN M. MAHAJAN, ADV.)

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AND

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DAVAPPAGOUDA S/O GANGURAPPA BALLI

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AGE: MAJOR,

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R/O H. NO. 120, KUPPIGUDDA VILALGE TQ. LINGSUGUR DIST. RAICHUR- 584 123

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THE BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., VIVKENAND CORNER, HUBLI- 580 029

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...RESPONDENTS

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(BY SRI. SUDARSHAN M., ADV. FOR R2; NOTICE TO R1 DISPENSED WITH V/O DATED 08/12/15)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.09.2012 PASSED IN MVC NO.512/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL (FTC-I) AT RAICHUR.

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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.80,000/- (Rupees Eighty 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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The entire amount is ordered to be released in

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favour of the appellant-claimant.

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5. This Miscellaneous First Appeal stands

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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

Gaddeppa S/O Lingappa v. Davappagouda S/O Gangurappa Balli and Anr.

Case brief

What is this about?

What did the court decide?

Gaddeppa S/O Lingappa v. Davappagouda S/O Gangurappa Balli and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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