Disposed

Yallappa S/O. Apparai Gudaj v. Satyagouda S/O. Shivagouda Patil

Karnataka HC14 Oct 2017MFA/21785/2013

Case brief

AI extract

What is this about?

Lok Adalat disposed of a Miscellaneous First Appeal filed against a Motor Accident Claims Tribunal award. The appellant and the insurance company settled, agreeing to a global compensation of Rs. 1,05,000/- which would modify the Tribunal's award.

What did the court decide?

The Miscellaneous First Appeal stood disposed of; the Tribunal's award was to be modified to reflect the agreed compensation of Rs. 1,05,000/-.

Yallappa S/O. Apparai Gudaj Vs Satyagouda S/O… — Motor Accident Claims | Karnataka HC (2017)

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HIGH COURT LEGAL SERVICES COMMITTEE,

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DHARWAD

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BEFORE THE LOK ADALATH

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2017

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CONCILIATORS PRESENT:

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HON’BLE MR. JUSTICE K.SOMASHEKAR

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AND

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SHRI SHIVAKUMAR S. BADAWADAGI, MEMBER

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M.F.A. NO. 21785/2013 (MV) (LOK ADALAT NO.1043/2017)

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BETWEEN:

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SHRI YALLAPPA S/O APPARAI GUDAJ, AGE: 22 YRS, OCC.: NOW NIL, R/O: BAGARNAL, TAL: HUKKERI, DIST: BELGAUM-590 001.

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APPELLANT

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(BY SRI SACHIN S. MAGADUM, ADVOCATE)

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AND:

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SATYAGOUDA S/O SHIVAGOUDA PATIL, AGE: 31 YEARS, OCC.: BUSINESS, R/O: SUTAGATTI, TAL: BELGAUM, DIST: BELGAUM (OWNER OF MOTOR CYCLE BEARING NO. KA-22/EB-5791).

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., CLUB ROAD, BELGAUM, DIST: BELGAUM (INSURER OF MOTOR CCLE BEARING NO. KA-22/EB-5791).

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RESPONDENTS

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(BY SRI G.N. RAICHUR, ADVOCATE FOR R2, SRI SANJAY S. KATAGERI, ADVOCATE FOR R1)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.08.2012 PASSED IN MVC NO. 2253/2011 ON THE FILE OF PRL. SR. CIVIL JUDGE AND MEMBER, ADDL. MACT, BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

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THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned counsel for the appellant and the representative of respondent No.2– Insurance Company along with its counsel are present.

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After prolonged negotiations, the matter is settled. The appellant–claimant has agreed to receive and the respondent No.2–Insurance Company has agreed to pay a global compensation of Rs. 1,05,000/- (Rupees one lakh and five thousand only), in addition to what has been awarded by the

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Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. The entire amount shall be released in favour of the claimant/claimants.

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The respondent No.2–Insurance Company has agreed to 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% per annum from the date of default, till the date of deposit.

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The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.

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Amount in deposit, if any, shall be transmitted to the concerned Court for disbursement forthwith.

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Sd/JUDGE

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Sd/MEMBER

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bvv

Yallappa S/O. Apparai Gudaj v. Satyagouda S/O. Shivagouda Patil

Case brief

What is this about?

What did the court decide?

Yallappa S/O. Apparai Gudaj v. Satyagouda S/O. Shivagouda Patil

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

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