Disposed

Jayarama v. the Manager

Karnataka HC12 Oct 2018MFA/6585/2018

Case brief

AI extract

What is this about?

Lok Adalat of the High Court of Karnataka settled a motor vehicle accident appeal. The court approved a lump-sum enhancement of Rs. 1,00,000/- by the insurance company, stipulating interest if not deposited within six weeks, and disposed of the appeal by modification of the tribunal award.

What did the court decide?

Settlement of Rs. 1,00,000/- enhancement with 9% interest on default; Tribunal award modified accordingly.

Jayarama Vs the Manager — Insurance | Karnataka HC (2018)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF OCTOBER, 2018

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY

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SRI RACHAIAH, MEMBER

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M.F.A.No. 6585/2018 (MV) (Lok Adalat No. 1755/2018)

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BETWEEN

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Jayarama,

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S/o Bookegowda @ Makegowda,

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Aged about 43 years, R/o Amruthi Village, Melukote Hobli, Pandavapura Taluk, Mandya District – 571 434. ... Appellant

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(By Sri Girish B. Baladare, Advocate)

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AND

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The Manager, HDFC ERGO General Ins. Co. Ltd., No.371/1A, 3^rd Floor, Prestige Shopping Arcade, Ramaswamy Circle, Mysuru City – 570 001.

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Mahesh V.B.,

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S/o Basavaraju Y.N.,

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Major, r/o Beeraganahalli Village, Kunigal Taluk, Tumkur District – 572 130. ... Respondents

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(By Sri. B. Pradeep, Advocate for R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2017 PASSED IN MVC NO. 1399/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & J.M.F.C., PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel for the Claimant-Appellant and the learned

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Counsel for the Respondent – HDFC ERGO Gen. Insurance Co. Ltd., along with its representative are present.

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After prolonged negotiations, the matter is settled. The Appellant - Claimant has agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs. 1,00,000/- (Rupees One lakh only), in addition to what has been 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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The Respondent – 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% P.A. from the date of default, till the date of deposit.

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The entire enhanced compensation amount shall be released in favour of the appellant-claimant, on proper identification.

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This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Mkm

Jayarama v. the Manager

Case brief

What is this about?

What did the court decide?

Jayarama v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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