Disposed

Chandrappa Moolya v. Madhava Shetty

Karnataka HC5 Nov 2020MFA/2666/2020

Case brief

AI extract

What is this about?

Lok Adalat in Karnataka High Court disposed of two Motor Accident Appeal filings regarding compensation awards. Parties executed a joint memo confirming the award; the court confirmed the award, ordered deposit of balance within six weeks with interest for default, and denied costs.

What did the court decide?

Appeals disposed confirming M.A.C.T. award; insurer to deposit balance in six weeks with 9% p.a. interest on default.

Chandrappa Moolya Vs Madhava Shetty — Contract and Commercial Disputes | 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. 1280/2016 (MV) (Lok Adalat No.326/2019) C/w

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M.F.A. No. 2666/2020 (MV) (Lok Adalat No. 1114/2020)

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In M.F.A. No. 1280/2016 :

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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. SRISHAILA S., ADVOCATE)

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AND:

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CHANDRAPPA MOOLYA, AGED ABOUT 47 YEARS, S/O THANKU MOOLYA R/O SRI GANESH, BHANDARIBETTU HOUSE, BANTWAL POST, VILLAGE AND TALUK, D.K. DISTRICT – 574 211

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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-575001. ...RESPONDENTS

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(BY SRI. K. VISHWANATHA POOJARY, 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.615/2014 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., AWARDING COMPENSATION OF Rs.33,000/- WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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In M.F.A. No. 2666/2020 :

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BETWEEN

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CHANDRAPPA MOOLYA, NOW AGED 51 YEARS, S/O THANKU MOOLYA R/O SHRI GANESH, BHANDARIBETTU HOUSE,

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BANTWAL POST & VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 211.

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... APPELLANT

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(BY SRI. VISHWANATHA POOJARY K., ADVOCATE)

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AND

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MADHAVA SHETTY AGED ABOUT 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.615/2014 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

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shall carry interest at the rate of 9% P.A. from the date of default, till the date

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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

Chandrappa Moolya v. Madhava Shetty

Case brief

What is this about?

What did the court decide?

Chandrappa Moolya v. Madhava Shetty

Case brief

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