Allowed

Neela @ Neelamma v. Branch Manager

Karnataka HC19 Dec 2020MFA/1462/2019

Case brief

AI extract

What is this about?

In a Miscellaneous First Appeal against a Motor Accident Claims Tribunal judgment, the High Court before a Mega Lok Adalat facilitated a settlement. The Insurance Company agreed to pay an additional Rs. 1,10,000 over the tribunal's award, with 9% annual interest if not deposited within six weeks.

What did the court decide?

Respondent agreed to pay an enhanced settlement of Rs. 1,10,000 with 9% interest if not deposited within six weeks; award modified accordingly.

Neela @ Neelamma Vs Branch Manager — Insurance | Karnataka HC (2020)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOK ADALAT/e-LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^th DAY OF DECEMBER, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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M.F.A.No. 1462/2019 (MV) (Lok Adalat No. 1860/2020)

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BETWEEN

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Neela @ Neelamma

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W/o D.M. Shivanna Gowda, Aged about 46 years.

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D.M. Shivanna Gowda

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S/o Manjegowda,

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Aged about 48 years.

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D.S. Sunilkumar

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S/o Shivanna Gowda,

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Aged about 26 years.

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All are residence at Dabbe Village, Areehalli Hobli, Belur Taluk, Hassan District – 573 201. …Appellants

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(By Sri. Girish B. Baladare, Advocate)

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AND

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Branch Manager, United India Insurance Co. Ltd., S.V.S. Nilaya, 2^nd Floor, Gandhi Bazar, Hassan District-573 201.

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A.H. Devakar S/o Halappa Gowda, Major, Anugatta Village, Arehalli Hobli, Belur Taluk, Hassan District – 572 301. ... Respondents

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(By Sri. Janardhan Reddy, Advocate for R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2018 PASSED IN MVC NO. 1495/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT/e-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 is present

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through video conferencing/Physical Hearing. The learned Counsel appearing

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for the Respondent – Insurance Company along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed

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by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondentInsurance Company has agreed to pay a lump-sum of Rs. 1,10,000/- (Rupees One Lakh Ten 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 Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of

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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

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the appellants – claimants as per the ratio adopted in the Judgment and Award passed by the Claims Tribunal, 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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Rbv

Neela @ Neelamma v. Branch Manager

Case brief

What is this about?

What did the court decide?

Neela @ Neelamma v. Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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