Disposed

Mallikarjunappa v. Ashamath Sab

Karnataka HC13 Feb 2020MFA/7012/2018

Case brief

AI extract

What is this about?

A Lok Adalat conciliatory order upholding the settlement between an appellant claiming enhanced compensation in a motor accident case and the insurance respondent. The insurance company agreed to pay Rs. 30,000 in addition to the tribunal award with interest provisions.

What did the court decide?

The appeal disposed of by settlement; Insurance Company to pay Rs. 30,000 additional with 9% p.a. interest.

Mallikarjunappa Vs Ashamath Sab — Labour and Industrial 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 13^TH DAY OF FEBRUARY, 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. 7012/2018 (MV) (Lok Adalat No.409/2020)

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BETWEEN

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Mallikarjunappa S/o Siddappa, Aged about 61 years, R/o Hottapanahalli Village, Challakere Taluk, Now residing at Gounur Village, Chitradurga Taluk and District-577 501. ... Appellant

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(By Sri. B. Pramod, Advocate)

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AND

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Ashamath Sab S/o Fakrusddinsabarai, Major, R/o Yaraguntappalli Village, Amarapura Mandal, Ananthpura District, A.P. State – 515 281.

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The Branch Manager, IFFCO TOKIO General Insurance Co. Ltd., Branch Office, Above SBI Bank,

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JCR Extension, Beside SBM Bank, JCR Branch, Chitradurga Town – 577 501. ... Respondents

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(By Sri. Muralidhar Negavar, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.05.2018 PASSED IN MVC NO. 840/2017 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE & ADDL. MACT-IV, CHITRADURGA, 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 second Respondent – IFFCO TOKIO General 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 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.30,000/- (Rupees Thirty

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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 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

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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*

Mallikarjunappa v. Ashamath Sab

Case brief

What is this about?

What did the court decide?

Mallikarjunappa v. Ashamath Sab

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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