Disposed

The Manager v. Manasa

Karnataka HC5 Nov 2020MFA/765/2019

Case brief

AI extract

What is this about?

This Lok Adalat disposed of a First Appeal filed under the MV Act against a Motor Accidents Claims Tribunal award. Parties settled during conciliation, reducing the compensation amount from Rs.5,74,000 to Rs.4,50,000 with modified interest.

What did the court decide?

Settlement of Rs.4,50,000 with interest at 6% p.a. in lieu of the Tribunal award, modifying the original Judgment and Award accordingly.

The Manager Vs Manasa — Motor Accident Claims | 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 05^th DAY OF NOVEMBER 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B.A. PATIL

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SRI. I.S. PRAMOD CHANDRA, MEMBER

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M.F.A.No. 765/2019 (MV) (Lok Adalat No. 827/2020)

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BETWEEN

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The Manager, IFFCO – TOKIO GIC Ltd., #141, 4^th Floor, Sri Shanthi Towers, 3^rd Main, East of NGEF Layout, Kasturi Nagar, Bengaluru – 560 043. ... Appellant (By Sri. B. Pradeep, Advocate)

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AND

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Manasa, D/o Ramana Rao, Aged about 20 years, R/at No.5-6-483, Modal Colony, Hindupura, Anantapura Dist., A.P. 515 201.

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Ramalingam Construction Co. Ltd., #252, Gandhi Road, Chanran Studio Building,

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Tamil Nadu – 638 001. ... Respondents

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E Rode,

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(By Sri. R. Chandrashekhar, Advocate for R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2018 PASSED IN MVC NO. 5711/2017 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, BANGALORE, AWARDING A SUM OF RS.5,74,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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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 – IFFCO TOKIO

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General Insurance Company Limited, along with its representative are

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present. The learned Counsel appearing for the respondent No.1 - claimant 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 its authorized officer and the learned advocate appearing for the respondent No.1 - claimant is filed. The respondent No.1 - claimant has agreed to receive and the appellant -Insurance Company has agreed to pay a

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sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) with interest at

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6% p.a. from the date of petition till the date of deposit, instead of

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Rs.5,74,000/- with interest @ 9% p.a. awarded by the Tribunal, in full and final settlement of the claim. The amount if any, deposited before this Court shall be transferred to the Tribunal.

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The appellant - 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 and disbursement of the modified 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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Rbv

The Manager v. Manasa

Case brief

What is this about?

What did the court decide?

The Manager v. Manasa

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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