Disposed

Shivanna v. M/S Transport Corporation of India Ltd.

Karnataka HC14 Jul 2020MFA/92/2019

Case brief

AI extract

What is this about?

In a Lok Adalat under MSEMA/1981 (Motor Accidents), the High Court of Karnataka settled a motor accident appeal between an appellant claimant and respondents including the Transport Corporation and Insurance Company. The matter was resolved via a joint memo agreeing to an enhanced lump-sum compensation payment of Rs. 3,10,000 additional to the tribunal award, by the insurance company within six we

What did the court decide?

A lump-sum of Rs. 3,10,000 in addition to the Tribunal award to be paid by the Insurance Company within six weeks, with 9% interest on default.

Shivanna Vs M/S Transport Corporation of India Ltd. — 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 14^th DAY OF JULY, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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SRI. VIJAYKUMAR A. PATIL, MEMBER

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M.F.A.No. 92/2019 (MV) (Lok Adalat No. 580/2020)

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BETWEEN

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Shivanna S/o Puttamadaiah, Aged about 47 years, R/at Hebbadi, S.R. Patna Taluk, Mandya District – 571 438. ... Appellant

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(By Sri. K.M. Sanath Kumara, Advocate)

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AND

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M/s. Transport Corporation of India Ltd., Transport House – 69, Kalka Road, Gali No.01-2, Saraswathi Vihar, Rewari, Gurgaon – 122 008.

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The Branch Manager, The Oriental Insurance Co. Ltd., Saraswathipuram, Mysuru – 570 009. ... Respondents

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(By Sri. K. Poornabodha Rao, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2018 PASSED IN MVC NO. 1009/2016 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND M.A.C.T., SRIRANGAPATNA, 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

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learned Counsel appearing for the second Respondent – Oriental Insurance

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

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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.3,10,000/- (Rupees Three Lakhs

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Ten 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 disbursed 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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Rbv

Shivanna v. M/S Transport Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

Shivanna v. M/S Transport Corporation of India Ltd.

Case brief

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