Disposed

Jagadeesh v. M/S Prabhat Granite Pvt. Ltd.

Karnataka HC30 Aug 2021MFA/10441/2018

Case brief

AI extract

What is this about?

This was a Lok Adalat conciliation order in a miscellaneous appeal against a Motor Accident Claim Tribunal award. The parties settled, agreeing to an enhanced compensation of Rs. 1,00,000 payable by the insurance company with interest on default.

What did the court decide?

Appointment of 9% per annum interest on the additional Rs. 1,00,000/- if not deposited within six weeks; appeal disposed based on settlement memo.

Jagadeesh Vs M/S Prabhat Granite Pvt. Ltd. — Motor Accident Claims | Karnataka HC (2021)

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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 30^th DAY OF AUGUST, 2021

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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. 10441/2018 (MV) (Lok Adalat No. 1396/2021)

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BETWEEN

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Jagadeesh S/o Chikkaveeregowda, Now aged about 37 years, R/at Yamaranahalli, Uyyambali Hobli, Kanakapura Taluk, Ramanagara District.

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... Appellant

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(By Sri. N.R. Range Gowda, Advocate)

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AND

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M/s. Prabhat Granite Pvt. Ltd., No.6/1, 1^st Floor, Flat No.B-1, Divya Residency, 13^th ‘A’ Cross, Jayanagar, 2^nd Block, Bangalore – 560 011.

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The Future General India Insurance Co. Ltd., Regional Office, Pasadena, No.18/1, (Old No.125/A), 3^rd Floor, Ashoka Pillar Road,

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Jayanagar, I Block, Bangalore – 560 082. ... Respondents

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2018 PASSED IN MVC NO. 5865/2016 ON THE FILE OF THE XXI ACMM AND XXIII ADDL. SMALL CAUSES JUDGE (SCCH-25), COURT OF SMALL CAUSES AND 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 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 is present.

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The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

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

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by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs. 1,00,000/- (Rupees One Lakh 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

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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 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

Jagadeesh v. M/S Prabhat Granite Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Jagadeesh v. M/S Prabhat Granite Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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