Disposed

M Chikkappa @ Chikkanna v. Bharath

Karnataka HC13 Feb 2020MFA/2498/2018

Case brief

AI extract

What is this about?

In this Lok Adalat proceeding for a Motor Vehicles Act appeal, the bench settled the dispute through prolonged negotiations. The Third Respondent (Insurance Company) agreed to pay a lump-sum of Rs. 71,000 in addition to the Tribunal award, with interest if not deposited, settling the claim in full and final.

What did the court decide?

Settlement of Rs. 71,000 upheld; compensation enhanced and awareness accorded.

M Chikkappa @ Chikkanna Vs Bharath — 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 13^TH DAY OF FEBRUARY, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE SHRI JUSTICE B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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M.F.A.No. 2498/2018 (MV) (Lok Adalat No. 433/2020)

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BETWEEN

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M. Chikkappa @ Chikkanna S/o M. Guddappa, Age: 67 Years, Agriculturist and Milk Business, R/o Hadadi Village, Davanagere Taluk and District – 577 001. ... Appellant

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(By Sri. R. Shashidhara, Advocate)

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AND

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Bharath S/o Murthy, Age: 28 years, Rider of Bike bearing No.KA-14/EF-1612, R/o Belalakatte Village, Hanasawadi Post, Shimoga Taluk and District – 577 201.

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Lakshman S. S/o Shekharappa, Age 28 years, Owner of Bike bearing No.KA-14/EF-1612, R/o Belalakatte Village, Hanasawadi Post, Shimoga Taluk and District-577 201.

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The Divisional Manager, National Insurance Company Ltd., Divisional Office, Melagiri Plaza, Dental College Opposite, MCC ‘B’ Block, Davanagere-577 001. ... Respondents

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.11.2017 PASSED IN MVC NO. 632/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE & V ADDL. MACT, DAVANAGERE, 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 Appellant - Claimant and the learned Counsel appearing for the third Respondent – National Insurance Company Limited, along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the third respondent - Insurance Company and its authorized officer is filed. The appellant-claimant

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has agreed to receive and the third respondent-Insurance Company has agreed

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to pay a lump-sum of Rs.71,000/- (Rupees Seventy One Thousand only), in

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addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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The third 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%

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P.A. from the date of default, till the date of deposit.

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The entire enhanced compensation shall be released in favour of the appellant – claimant, on proper identification.

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

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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*

M Chikkappa @ Chikkanna v. Bharath

Case brief

What is this about?

What did the court decide?

M Chikkappa @ Chikkanna v. Bharath

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

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