Partly allowed

Kasturi W/O Rudrappa Bavoor and Ors. v. Md. Kousar S/O Abdul Zaheer and Anr.

Karnataka HC7 Sept 2016MFA/32997/2013

Case brief

AI extract

What is this about?

The Lok Adalat settled a Miscellaneous First Appeal regarding a motor vehicle accident claim. The parties agreed to a lump sum enhancement. The insurance company was ordered to deposit the amount with interest if delayed, and the remaining balance in a fixed deposit.

What did the court decide?

Settle the appeal for a total of Rs. 3,10,000/- added to the Tribunal award; Rs. 2,00,000/- released immediately, balance in FDR for three years; 9% interest on delay.

Kasturi W/O Rudrappa Bavoor and Ors. Vs Md. Kousar… — 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.32997/2013 (MV) (LOK ADALAT NO.921/2016)

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BETWEEN:

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KASTURI W/O RUDRAPPA BAVOOR AGE: 59 YEARS OCC: NIL

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BASAVARAJ S/O RUDRAPPA BAVOOR AGE: 34 YEARS OCC: BUSINESS,

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SRINIVAS S/O RUDRAPPA BAVOOR AGE: 29 YEARS OCC: NIL,

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ALL ARE R/O GACHCHINKATI COLONY, BIJAPUR- 586 101

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...APPELLANTS

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(BY SRI. SANGANAGOUDA V. BIRADAR, ADV.)

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AND

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MD. KOUSAR S/O ABDUL ZAHEER AGE: 44 YEARS OCC: BUSINESS, R/O RAMADAS COMPOUND, BEHIND RAVI MATCH FACTORY, CHITRADURGA- 677501

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THE BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, DESAI CORNER, VIVEKANAND CORNER, HUBLI- 580 001 POLICY NO.OG-09-9995-1803-00066819 VALID FROM 9-8-08 TO 8-8-09

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...RESPONDENTS (BY SRI. SUDARSHAN M. ADV. FOR R2)

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THIS MFA IS FILED UNDER SECTION U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 27.01.2012 PASSED IN MVC NO.966/2009 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII BIJAPUR, 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 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.3,10,000/- (Rupees Three Lakhs Ten 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

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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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Out of the total enhanced compensation amount, Rs.2,00,000/- shall be released to the appellantsclaimants and remaining amount of Rs.1,10,000/- be deposited in the name of the appellants-claimants in Fixed Deposit in any nationalized bank for a period of three years.

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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

Kasturi W/O Rudrappa Bavoor and Ors. v. Md. Kousar S/O Abdul Zaheer and Anr.

Case brief

What is this about?

What did the court decide?

Kasturi W/O Rudrappa Bavoor and Ors. v. Md. Kousar S/O Abdul Zaheer 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

Coram

Case details

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