Disposed

Smt. K S Lakshmi v. Sri. Srinivas

Karnataka HC19 Dec 2020MFA/4256/2019

Case brief

AI extract

What is this about?

This is a Miscellaneous First Appeal before a Mega Lok Adalat filed for enhancement of compensation in a motor vehicle accident case. The parties reached a settlement during conciliation, and the appeal stands disposed of by agreeing to enhance the compensation amount.

What did the court decide?

Agreement to pay lump sum Rs. 12,50,000/- in addition to Tribunal award, to be deposited within six weeks with 9% p.a. interest on default; appeal disposed of.

Smt. K S Lakshmi Vs Sri. Srinivas — Motor Accident Claims | Karnataka HC (2020)

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

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^th DAY OF DECEMBER, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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SRI. VIJAYAKUMAR A. PATIL, MEMBER

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M.F.A.No. 4256/2019 (MV) (Lok Adalat No.1819/2020)

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BETWEEN

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SMT. K.S. LAKSHMI

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W/O SOMASHEKAR B.N,

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NOW AGED ABOUT 26 YEARS,

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KUMARI VYSHNAVI D/O SOMASHEKAR B.N.,

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NOW AGED ABOUT 6 YEARS,

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KUMARI VYSHALI D/O SOMASHEKAR B.N., NOW AGED ABOUT 3 YEARS,

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SRI. NARAYANASWAMY S/O HUGGALAPPA,

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NOW AGED ABOUT 59 YEARS,

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SMT. NARAYANAMMA W/O NARAYANASWAMY, NOW AGED ABOUT 57 YEARS,

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2^ND AND 3^RD MINOR APPELLANTS ARE REPRESENTED BY NATURAL GUARDIAN/THEIR MOTHER, 1^ST APPELLANT HEREIN.

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ALL ARE RESIDING AT BURUDAGUNTE VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT.

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...APPELLANTS

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(BY SRI. GOPAL KRISHNA N., ADVOCATE)

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AND

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SRI. SRINIVAS S/O VENKATARAYAPPA, MAJOR IN AGE, RESIDING AT NO.3, KURUMARLAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT. PIN – 563 125.

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SHRIRAM GENERAL

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INSURANCE COMPANY LTD., NO.303, 3^RD FLOOR, S & S CORNER, BUILDING, OPP: BOWRING & LADY CURZON HOSPITAL, SHIVAJINAGAR, BENGALURU – 560 001. REP. BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R.2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2018 PASSED IN MVC NO.4455/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT/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 Appellants - Claimants is present

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through video conferencing/ Physical Hearing. The learned Counsel appearing

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for the Respondent - Insurance Company along with its representative are

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present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.12,50,000/- (Rupees

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Twelve 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 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 apportionment, deposit and release of the enhanced compensation

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amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

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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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LL/pgg

Smt. K S Lakshmi v. Sri. Srinivas

Case brief

What is this about?

What did the court decide?

Smt. K S Lakshmi v. Sri. Srinivas

Case brief

What is this about?

What did the court decide?

What the court decided

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