Disposed

The Oriental Insurance Company Ltd., v. Ismail

Karnataka HC5 Nov 2020MFA/1281/2016

Case brief

AI extract

What is this about?

This Lok Adalat order disposed of two Motor Accident compensation appeals filed by an Insurance Company and a Claimant against a Tribunal award. The court recorded an affidavit that both parties agreed to the original Tribunal award amount, leading to the confirmation of the award.

What did the court decide?

Confirmed the Motor Accident Claims Tribunal award on the original compensation amount agreed by both parties.

The Oriental Insurance Company Ltd., Vs Ismail — Consumer Protection | Karnataka HC (2020)

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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 05^TH DAY OF NOVEMBER, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B.A. PATIL

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SRI. I.S. PRAMOD CHANDRA, MEMBER

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M.F.A. No. 1281/2016 (MV) (Lok Adalat No.325/2019) C/w

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M.F.A. No. 2621/2020 (MV) (Lok Adalat No. 1120/2020)

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In M.F.A. No. 1281/2016 :

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BETWEEN:

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THE ORIENTAL INSURANCE COMPANY LTD., KRISHNA PRASAD BUILDING, 3^RD FLOOR, M.G.ROAD, LALBAGH, C B O-I, MANGALORE, D.K.DISTRICT REPRESENTED BY ITS ADMINISTRATIVE OFFICER, R.O.AT NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE - 560 025. ... APPELLANT

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(BY SRI. SRISHAILA S., ADVOCATE)

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AND:

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ISMAIL AGED ABOUT 47 YEARS, S/O ERMUNHI BYARI R/O LEMGAJE HOUSE, BETTAMPADY POST/VILLAGE, PUTTUR TALUK, D.K.DISTRICT-574211.

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MADHAVA SHETTY

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AGED ABOUT 56 YEARS, S/O LATE MANJAYYA SHETTY, R/O ANNABELLE MANNER, 2^ND FLAT NO.31, NEAR KMC HOSPITAL, MANGALORE, D.K.DISTRICT-575001. ...RESPONDENTS

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(BY SRI. K. VISHWANATHA POOJARY, ADV. FOR R-1)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2015 PASSED IN MVC NO.619/2014 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., AWARDING COMPENSATION OF Rs.1,14,200/- WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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In M.F.A. No. 2621/2020 :

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BETWEEN

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ISMAIL, NOW AGED 51 YEARS, S/O ERMUNHI BYARI R/O LENKLAJE HOUSE, BETTAMPADY POST & VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. ... APPELLANT

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(BY SRI. VISHWANATHA POOJARY K., ADVOCATE)

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AND

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MADHAVA SHETTY AGED ABOUT 60 YEARS, S/O LATE MANJAYYA SHETTY, R/O ANNABELLE MANNER, 2^ND FLAT NO.31, NEAR K.M.C. HOSPITAL, BEJAI, MANGALORE, DAKSHINA KANNADA DISTRICT-574201.

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THE MANAGER, ORIENTAL INSURANCE CO. LTD., KRISHNAPRASAD BUILDING, 3^RD FLOOR, M.G. ROAD, LALBAGH, C-B-0-1, MANGALORE, DAKSHINA KANNADA DISTRICT – 575 001. ... RESPONDENTS

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(BY SRI. S. SRISHAILA, ADVOCATE FOR R-2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2015 PASSED IN MVC NO.619/2014 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS 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 Appellant – Oriental Insurance Company Limited, along with its representative are present. The learned Counsel appearing for the Respondent No.1 - Claimant is present.

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Learned Counsel appearing for both the parties have filed a Joint Memo stating that the appellant – Insurance Company has agreed to pay and the 1^st respondent – claimant has agreed to receive the amount as per the award passed by the M.A.C.T. and have prayed to dispose of both the appeals.

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The said Memo has been placed on record and in terms of the Joint Memo, both the appeals stand disposed of confirming the award passed by the M.A.C.T. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The parties are not entitled for any cost.

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The appellant - Insurance Company has agreed to deposit the award amount (less the amount already deposited), 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 compensation amount shall be released in favour of the 1^st

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respondent – claimant, on proper identification and acknowledgment.

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Draw up the award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

The Oriental Insurance Company Ltd., v. Ismail

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd., v. Ismail

Case brief

What is this about?

What did the court decide?

What the court decided

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