Disposed

The Oriental Insurance Company Ltd. v. Prema

Karnataka HC5 Nov 2020MFA/2254/2016

Case brief

AI extract

What is this about?

Two motor accident appeal cases filed against a Motor Accident Claims Tribunal award. The High Court Legal Services Committee Lok Adalat disposed of the appeals upon a joint memo by counsel agreeing to confirm the tribunal award, with the insurance company directed to deposit the balance amount.

What did the court decide?

Both appeals disposed of confirming the MACT award; Insurance to deposit balance within six weeks.

The Oriental Insurance Company Ltd. Vs Prema — Motor Accident Claims | 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. 2254/2016 (MV) (Lok Adalat No.321/2019) C/w

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M.F.A. No. 2620/2020 (MV) (Lok Adalat No. 1122/2020)

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In M.F.A. No. 2254/2016 :

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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 S SRISHAILA , ADVOCATE)

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AND:

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PREMA D/O THANIYAPPA, AGED ABOUT 26 YEARS, R/O. SHANKAR RENJI HOUSE, PANE MANGALORE POST AND VILLAGE, BANTWAL 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-574201. ...RESPONDENTS

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(BY SRI. VISHWANATHA POOJARY K., 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.620/2014 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., AWARDING COMPENSATION OF Rs.1,08,000/- WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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In M.F.A. No. 2620/2020 :

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BETWEEN

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PREMA

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NOW AGED 30 YEARS, W/O. THANIYAPPA, R/O. RENJI HOUSE, PANEMENGALORE POST AND VILLAGE, BANTWAL TALUK,

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DAKSHINA KANNADA DISTRICT-574211. ... APPELLANT

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(BY SRI. VISHWANATHA POOJARY K., ADVOCATE)

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AND

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MADHAVA SHETTY NOW AGED 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.620/2014 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

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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

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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. Prema

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd. v. Prema

Case brief

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