Disposed

Rajamma v. Nisar Shariff

Karnataka HC14 Dec 2019MFA/1152/2018

Case brief

AI extract

What is this about?

This Lok Adalat order dated 14 December 2019 settled a Motor Accident Case appeal. The insurance company agreed to pay Rs.10,85,000/- as enhanced compensation, with interest provisions and specific deposit arrangements for the appellants, disposing of the Miscellaneous First Appeal.

What did the court decide?

Respondent to pay Rs.10,85,000/- as enhanced compensation, split 50% in fixed deposit for 3 years and 50% released immediately, with 9% interest

Rajamma Vs Nisar Shariff — Motor Accident Claims | Karnataka HC (2019)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

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BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF DECEMBER, 2019

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CONCILIATORS PRESENT:

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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SRI. I.S. PRAMOD CHANDRA, MEMBER

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MFA NO 1152 OF 2018 (Lok Adalat No.3811/2019)

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BETWEEN:

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SMT. RAJAMMA W/O CHANDRAIAH AGED 53 YEARS,

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SRI. CHANDRAIAH S/O RAMMAIAH

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AGED 58 YEARS

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BOTH ARE RESIDENT AT AJJURU VILLAGE, DODDAMAGGE HOBLI ARAKALGUD TALUK-573102 ...APPELLANTS

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(BY SRI. CHETHAN.B, ADV.)

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AND:

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NISAR SHARIFF S/O GAFFER SHARIF MAJOR R/O NO.8/112, MUSLIM BLOCK, K.R. NAGARA TALUK-571602 MYSURU DISTRICT

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THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED NO.2912 SRI VENKATESHWARA PLAZA 1^ST MAIN, SARASWATHIPURAM MYSORE-570009

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REPRESENTED BY ITS THE MANAGER UNITED INDIA INSURANCE COMPANY LTD VENKATESHWARA BUILDING, B.M ROAD, HASSAN-573201 …RESPONDENTS

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(BY SRI. B.C. SEETHARAMA RAO, ADV. FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02/05/2017 PASSED IN MVC NO.1738/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER MACT, ARKALGUD, 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, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellants – Claimants and

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the learned Counsel appearing for the 2^nd Respondent – United India

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Insurance Company Ltd., along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned Advocate appearing for the Appellants – Claimants (being authorized by the appellant to sign) and the learned advocate appearing for the 2^nd Respondent – Insurance Company and its authorized officer is filed. The Appellants – Claimants have agreed to receive and the 2^nd Respondent – Insurance Company has agreed to pay a lump–sum of Rs.10,85,000/- (Rupees Ten Lakhs and Eighty-Five

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Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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The 2^nd 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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Out of the enhanced compensation amount, 50% each shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of the appellants – Claimants for a period of three years with a liberty to withdraw the accrued interest periodically and remaining 50% each shall be released in their names, 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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MS*

Rajamma v. Nisar Shariff

Case brief

What is this about?

What did the court decide?

Rajamma v. Nisar Shariff

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

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