Allowed

Mahesh S/O Satappa Hosamani v. Padma W/O Ashok Reshami and Anr.

Karnataka HC12 Oct 2017MFA/200110/2015

Case brief

AI extract

What is this about?

In a Lok Adalat proceeding under Section 173(1) of the MV Act, parties settled a motor accident compensation dispute. The appellate court ordered the insurance company to deposit Rs.65,000 as enhanced compensation and disposed of the appeal.

What did the court decide?

The insurance company agreed to pay and deposit global compensation of Rs.65,000 for full and final settlement.

Mahesh S/O Satappa Hosamani Vs Padma W/O Ashok Reshami and Anr. — Insurance | Karnataka HC (2017)

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IN THE HIGH COURT LEGAL SERVICES COMMITTEE,

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HIGH COURT OF KARNATAKA, KALABURAGI BENCH,

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BEFORE THE LOK-ADALAT

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DATED THIS THE 12^TH DAY OF OCTOBER, 2017

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CONCILIATORS PRESENT

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THE HON’BLE MRS. JUSTICE S.SUJATHA

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AND

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Dr. JAMBAYYA SWAMY HIREMATH, MEMBER

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M.F.A. No.200110/2015 (MV)

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Lok Adalat No.112/2017

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BETWEEN:

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Mahesh S/o Satappa Hosamani Age: 24 years, Occ: Business R/o Madhabavi, Tq. & Dist. Bijapur

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... Appellant

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(By Sri Babu H. Metagudda, Advocate)

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AND:

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Padma W/o Ashok Reshami Age: 43 years, Occ: Business R/o Almatti Dam Site Tq. Basavanabagewadi Dist. Bijapur – 586 101

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The Divisional Manager Oriental Insurance Co. Ltd. Bidari Complex, 2^nd Floor S.S. Front Road, Kori Chowk Bijapur – 586 101

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... Respondents

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(Smt. Sumitra H., Advocate for R2; Notice to R1 is dispensed with V/O Dtd. 01.02.2017)

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This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 26.07.2014 passed in MVC No.676/2012 on the file of Principal Senior Civil Judge and Motor Accident Claims Tribunal No.V at Bijapur, partly allowing the claim petition and seeking enhancement of compensation.

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This appeal coming on for conciliation before Lok Adalat this day, the following order came to be passed:

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CONCILIATION ORDER

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The learned counsel for the appellant and the learned counsel for respondent No.2 - Insurance Company are present.

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After due deliberations, the parties have arrived at a settlement. The appellant-claimant has agreed to receive and the respondent - Insurance Company has agreed to pay global compensation of Rs.65,000/- (Rupees Sixty Five Thousand Only) in addition to what has been awarded by the Tribunal, towards full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.

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The respondent - Insurance Company has

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agreed to deposit the said amount before the Tribunal,

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within six weeks from the date of preparation of the award, failing which the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit.

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The entire enhanced amount is ordered to be released in favour of the appellant, on deposit.

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Accordingly, Miscellaneous First Appeal stands disposed of in terms of the Joint Memo and the award of the Tribunal shall stand modified. Draw award accordingly.

Sd/JUDGE

Sd/-

MEMBER

Mahesh S/O Satappa Hosamani v. Padma W/O Ashok Reshami and Anr.

Case brief

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What did the court decide?

Mahesh S/O Satappa Hosamani v. Padma W/O Ashok Reshami and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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