Disposed

Smt Lissy @ Lissy Raju v. Sri Pillananjappa

Karnataka HC19 Dec 2020MFA/1773/2020

Case brief

AI extract

What is this about?

In a Motor Vehicle Accident case, the High Court Mega Lok Adalat held that after prolonged negotiations, the parties settled the enhanced compensation claim. The insurance company agreed to pay Rs.7,75,000/- with interest at 9% P.A. from the date of default, and the miscellaneous appeal was disposed of based on the joint settlement memo.

What did the court decide?

Agreement to pay additional compensation of Rs.7,75,000/- with 9% P.A. interest from date of default, and modification of the Tribunal's award.

Smt Lissy @ Lissy Raju Vs Sri Pillananjappa — Motor Accident Claims | Karnataka HC (2020)

¶1

¶2

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

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 19^th DAY OF DECEMBER, 2020

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR. JUSTICE ALOK ARADHE

¶7

¶8

SRI. VIJAYAKUMAR A. PATIL, MEMBER

¶9

M.F.A.No. 1773/2020 (MV) (Lok Adalat No.1763/2020)

¶10

BETWEEN

¶11

SMT. LISSY @ LISSY RAJU,

¶12

W/O RAJU JOSEPH,

¶13

NOW AGED ABOUT 48 YEARS,

¶14

SRI. RAJU JOSEPH, S/O LATE JOSEPH,

¶15

NOW AGED ABOUT 55 YEARS,

¶16

BOTH ARE RESIDING AT THARAMANGALATHE (HOUSE) KANAMALA POST, ERUMELI SOUTH PANCHAYATH, KANJEERAPALLI TALUK, KOTTAYAM DISTRICT, KERALA STATE – 686 510. ...APPELLANTS

¶17

(BY SRI. GOPAL KRISHNA N., ADVOCATE)

¶18

¶19

AND

¶20

SRI. PILLANANJAPPA, S/O MUNIYAPPA,

¶21

MAJOR BY AGE, RESIDING AT NO.7, MOPARAHALLI VILLAGE & POST, DODDABALLAPURA TALUK,

¶22

BENGALURU RURAL DISTRICT – 561 203.

¶23

SHRIRAM GENERAL INSURANCE CO. LTD, NO.5, 2^ND FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU – 560 001.

¶24

BY ITS MANAGER.

¶25

…RESPONDENTS

¶26

(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R.2)

¶27

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.11.2018 PASSED IN MVC NO.6187/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶28

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT/e-LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶29

CONCILIATION ORDER

¶30

The learned Counsel appearing for the Appellants - Claimants is present

¶31

through video conferencing/ Physical Hearing. The learned Counsel appearing

¶32

¶33

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

¶34

After prolonged negotiations, the matter is settled. A joint memo signed 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 respondent - Insurance Company has agreed to pay a lump-sum of Rs.7,75,000/- (Rupees Seven Lakhs Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

¶35

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.

¶36

The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

¶37

¶38

This Miscellaneous First Appeal stands disposed of in terms of the Joint

¶39

memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

¶40

Sd/JUDGE

¶41

Sd/MEMBER

¶42

LL/pgg

Smt Lissy @ Lissy Raju v. Sri Pillananjappa

Case brief

What is this about?

What did the court decide?

Smt Lissy @ Lissy Raju v. Sri Pillananjappa

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

Coram

Case details

Similar cases

The Manager Vs Ramyashree

The Manager Vs Smt Sandya Rani

The Manager Vs Manasa

Revanna Vs Manjula

Sri Sridhar . R Vs the Manager

Smt. K S Lakshmi Vs Sri. Srinivas