Disposed

Santhappa Gowda v. the Branch Manager

Karnataka HC19 Sept 2020MFA/2832/2019

Case brief

AI extract

What is this about?

In an e-Lok Adalat for a first appeal under S. 173(1) of the MV Act against a motor vehicle accident compensation award, the High Court conciliators facilitated a settlement where the insurer agreed to pay an enhanced global compensation of Rs. 1,50,000/- in addition to the tribunal award.

What did the court decide?

The appellant agreed to accept Rs. 1,50,000/- plus applicable interest as additional compensation; the tribunal award modified accordingly.

Santhappa Gowda Vs the Branch Manager — Insurance | Karnataka HC (2020)

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

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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M.F.A.No.2832/2019 (MV) (Lok Adalat No.894/2020)

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BETWEEN :

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Santhappa Gowda Now aged 46 years, S/o Honnappa Gowda R/o Manchikatte House Pambethadi Village Sullia Taluk, Dakshina Kannada District – 574 239.

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... Appellant

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(By Sri. Vishwanatha Poojary K., Advocate)

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AND :

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The Branch Manager,

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ICICI Lombard General

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Insurance Co.Ltd., C.22, II Floor, Maximus Commercial

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Complex, Light House, Hill Road, Hampanakatta, Mangaluru, Dakshina Kannada District – 575 001.

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Lokanatha A.N.

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Now aged 62 years,

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S/o late Ramanna Gowda

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R/o Nayarkere House

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Aivarnadu Village,

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Sullia Taluk, Dakshina Kannada District – 574 239.

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(By Sri. B.Pradeep, Advocate for R1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2018 PASSED IN MVC NO.2003/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, SULLIA, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE E-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 is present through video conferencing. The learned counsel appearing for the first respondent (insurer) is 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 first respondentinsurance company and its authorized officer is filed. The appellant-claimant

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has agreed to receive and the first respondent-insurance company has agreed to

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pay a global compensation of Rs.1,50,000/- (Rupees One lakh Fifty 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 First 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 amount 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 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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nms

Santhappa Gowda v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Santhappa Gowda v. the Branch Manager

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

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