Disposed

Smt Gowramma v. the Manager

Karnataka HC8 Feb 2020MFA/1998/2019

Case brief

AI extract

What is this about?

Lok Adalat dismissed a miscellaneous first appeal by settling the motor accident compensation dispute. The insurance company agreed to pay an enhanced lump sum of Rs. 2,56,000/- with interest, leading to part of the amount being fixed for the female appellant.

What did the court decide?

Settlement of Rs. 2,56,000/- additional compensation; Rs. 1,00,000/- in fixed deposit for female appellant; appeal disposed of.

Smt Gowramma Vs the Manager — Insurance | 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 DATED THIS THE 8^TH DAY OF FEBRUARY, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR JUSTICE ALOK ARADHE

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SRI VIJAYKUMAR A.PATIL, MEMBER

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M.F.A.No.1998/2019 (MV) (Lok Adalat No.362/2020)

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BETWEEN:

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SMT. GOWRAMMA W/O LATE BYRAPPA T N AGED ABOUT 52 YEARS.

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SRI. NAGARAJU S/O LATE BYRAPPA T N

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AGED ABOUT 35 YEARS.

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BOTH ARE R/O. THAVAREKERE HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562 122.

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... APPELLANTS

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(BY SRI VIJAY KUMAR T., ADVOCATE)

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AND:

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THE MANAGER THE UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN BUILDING 6^TH FLOOR, NEAR HUDSON CIRCLE BENGALURU-560 001.

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SRI. RAGHUPATHI GOWDA S/O D. RAMEGOWDA MAJOR, R/O DOMMASANDRA VILLAGE MALLAAAYAKANAHALLI POST MULABAGILUR TALUK KOLAR DISTRICT-563 131.

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... RESPONDENTS

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(BY SRI M. ARUN PONNAPPA, ADVOCATE FOR R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2018 PASSED IN MVC NO.968/2017 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND XXXII ACMM, MEMBER MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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 the

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learned Counsel appearing for the 1^st respondent – United India Insurance

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Company Limited 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 (being authorized by the

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appellants to sign) and the learned advocate appearing for the 1^st respondent - Insurance Company and its authorized officer is filed. The appellants-claimants has agreed to receive and the 1^st respondent- Insurance Company has agreed to pay a lump-sum of Rs.2,56,000/- (Rupees Two Lakhs Fifty Six 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 1^st 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 apportionment of the enhanced compensation amount shall be made as per the judgment and award passed by the Claims Tribunal. Out of the apportioned share amount of appellants, a sum of Rs.1,00,000/- be kept in fixed deposit in any Nationalized / Scheduled Bank in her name for a period of five years with liberty to draw the accrued interest periodically and the remaining amount of Rs.1,56,000/- be released in favour of the two claimants, 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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Smt Gowramma v. the Manager

Case brief

What is this about?

What did the court decide?

Smt Gowramma v. the Manager

Case brief

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What did the court decide?

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