Disposed

Lalitha v. Dinesh P

Karnataka HC19 Sept 2020MFA/3401/2019

Case brief

AI extract

What is this about?

In this E-Lok Adalat order, High Court Legal Services Committee settled a motor accident claim appeal between an appellant and an insurer. Parties agreed to an enhanced lump sum of Rs.50,000/- plus tribunal award. The case was disposed of based on the settlement memo.

What did the court decide?

Enhanced compensation of Rs.50,000/- in addition to tribunal award to be paid by insurer within six weeks subject to settlement terms.

Lalitha Vs Dinesh P — Motor Accident Claims | 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 G. NARENDAR

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Dr. S.V. GIRIKUMAR, MEMBER

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M.F.A.No.3401/2019 (MV)

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(Lok Adalat No.936/2020)

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Between:

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Lalitha

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Now aged 66 years W/o late Ramachandra Shastry R/o Utkarsha House Neerpaje Road Near New Line Industry Bannur, Puttur Taluk Dakshina Kannada District-574201.

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... Appellant

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(By Sri Vishwanatha Poojary.K, Advocate)

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And:

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Dinesh.P

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Now aged 39 years S/o Babu Gowda SKDRDP, Water Tank Near Court Road, Soraba Taluk Shivamogga District-577201.

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The Manager National Insurance Co. Ltd.,

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1^st Floor, Shri Kshethra Dharmasthal Building, Main Road Puttur Puttur Taluk Dakshina Kannada District-574201.

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(By Sri Janardhan Reddy, Advocate for R2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2018 PASSED IN MVC NO.2084/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, DAKSHINA KANNADA AND MEMBER, ADDITIONAL MACT, PUTTUR DAKSHINA KANNADA, 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 second respondent (insurer) is 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 appellant (being authorized by the appellant to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellant-claimant has agreed to receive and the second respondent-insurance company has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand

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

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The second 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 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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ssb

Lalitha v. Dinesh P

Case brief

What is this about?

What did the court decide?

Lalitha v. Dinesh P

Case brief

What is this about?

What did the court decide?

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