Disposed

Smt. Saritha v. Sri P K Shiva Kumar

Karnataka HC14 Jul 2020MFA/7173/2018

Case brief

AI extract

What is this about?

A Lok Adalat conciliated an MV appeal seeking compensation enhancement. Parties agreed to a lump sum of Rs.4.75 lakhs in addition to the Tribunal award, with payment terms and interest provisions included, resulting in the appeal's disposal.

What did the court decide?

Lump sum of Rs.4,75,000 to be deposited by Respondent 2 within six weeks with 9% interest on default; Tribunal Award modified accordingly.

Smt. Saritha Vs Sri P K Shiva Kumar — Insurance | Karnataka HC (2020)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 14^th DAY OF JULY, 2020

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR. JUSTICE ALOK ARADHE

¶7

¶8

SRI. VIJAYKUMAR A. PATIL, MEMBER

¶9

M.F.A.No. 7173/2018 (MV) (Lok Adalat No. 3836/2019)

¶10

BETWEEN

¶11

Smt. Saritha W/o Dyavappa, Aged about 32 years, Occ: Fancy Store, R/at No.8, Manchanabele-1, Chikkaballapura – 561 203.

¶12

... Appellant

¶13

(By Sri. Suresh M. Latur, Advocate)

¶14

AND

¶15

Sri. P.K. Shiva Kumar S/o Krishnappa, R/at Pailahalli Village, Keshawara Post, Sidlaghatta Taluk, Chikkaballapura District-562 101.

¶16

The Regional Manager, The Oriental Insurance Co. Ltd., Regional Office, 4^th Floor, No.44/45, Leo Complex, Residency Road, Bangalore-560 025.

¶17

¶18

Sri. Venkateshappa S/o Narasimappa, R/at G.G.T. Road, Shidlaghatta, Chikkaballapura – 561 203. ... Respondents

¶19

(By Sri. K.K. Vasanth, Advocate for R-2, Notice to R-1 & R-3 – d/w v.c.o. dated 13.11.2019)

¶20

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2018 PASSED IN MVC NO. 3912/2016 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES & MEMBER, M.A.C.T.-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶21

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶22

CONCILIATION ORDER

¶23

The learned Counsel appearing for the Appellant - Claimant and the

¶24

learned Counsel appearing for the second Respondent – Oriental Insurance

¶25

Company Limited, along with its representative are present through video conference.

¶26

After prolonged negotiations, the matter is settled. A joint memo signed

¶27

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.4,75,000/- (Rupees Four Lakhs

¶28

¶29

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

¶30

The second Respondent - Insurance Company has agreed to deposit the

¶31

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.

¶32

The apportionment, deposit and release of the enhanced compensation

¶33

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

¶34

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.

Sd/-

JUDGE

Sd/MEMBER

Rbv

Smt. Saritha v. Sri P K Shiva Kumar

Case brief

What is this about?

What did the court decide?

Smt. Saritha v. Sri P K Shiva Kumar

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

Similar cases

Smt Basamma Vs Abdul Wajeed

Indramma Vs Vittala Rao B K

Basavarajappa B.B. Vs Sunil S P

Syed Jaffer Vs Anwar Ahamad

Shobha Vs S H Krishna Murthy

Sri Moorthy Vs D C Ksrtc