Appeal filed against dismissal of a Motor Accidents Claim by the Claims Tribunal settled via joint memo. Set aside and disposed of on terms where insurance company to pay Rs. 50,000.
Appeal allowed; matter disposed of on terms of joint memo: insurer to pay Rs. 50,000 with interest at 9% if not deposited within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.No.23258/2009 (MV)
: 1 :
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2017
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
MISCELLANEOUS FIRST APPEAL NO.23258/2009 (MV)
BETWEEN:
SRI.SHEKAR, S/O. PANDURANG PATIL AGED ABOUT 32 YEARS, R/AT ANGOOKAR GALLI, IDILHOND TQ: KHANAPUR, DIST. BELGAUM
.. APPELLANT
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI. DEEPAK S. KULKARNI & SRI. BALAKRISHNA S. CHAUGULE, ADVOCATE FOR R1; SRI. RAVINDRA R. MANE, ADVOCATE FOR R2; R3 – SERVED & UNREPRESENTED)
M.F.A.No.23258/2009 (MV)
: 2 :
THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:9/9/2009 PASSED IN MVC NO.1563/2005 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KHANAPUR, DISMISSING THE PETITION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for both sides filed a joint memo reporting compromise said to have been entered into between them.
Perused the memo and heard the supporting submission from both sides.
The relevant portion of the memo reads as below:
“The respondent No.2 Insurance Company has agreed to pay and the appellant has agreed to receive in full and final settlement of his claim, a global compensation of ` 50,000/- (Rupees Fifty Thousand Only).
The respondent No.2 Insurance Company has agreed to deposit the said sum before the Tribunal within a period of two months, failing
M.F.A.No.23258/2009 (MV)
: 3 :
which, the said amount shall carry interest at 9% from the date of default.”
In view of the joint memo and the submission made
above, the matter stands disposed of in terms of the joint
memo.
Sd/JUDGE
gab
1 provisions across 1 enactments
Sri. Shekar
Sri. Satish
The United India Insurance Company Ltd.
Sri. Nishant N. Patil
H.B.Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
