Disposed

Jayashankara @ Jayashekara v. v K Shivappa

Karnataka HC30 Sept 2021MFA/1059/2019

Case brief

AI extract

What is this about?

Megalok Adalat conciliated an appeal against an MVC award. The respondent insurer agreed to pay enhanced compensation of Rs. 9,64,000 plus interest, settling the claim in full and final settlement via a joint memo.

What did the court decide?

Granted lump-sum compensation of Rs. 9,64,000 with interest upon failure to deposit within six weeks, settling the claim in full and final.

Jayashankara @ Jayashekara Vs v K Shivappa — Motor Accident Claims | Karnataka HC (2021)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA 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 SEPTEMBER, 2021

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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SRI. ARVIND KAMATH, MEMBER

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M.F.A.No. 1059/2019 (MV) (Lok Adalat No. 2142/2021)

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BETWEEN

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1 . JAYASHANKARA @ JAYASHEKARA AGED ABOUT 49 YEARS,

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S/O CHANNEGOWDA,

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2 . SNEHA, AGED ABOUT 19 YEARS, A MINOR NOW ATTEND MAJORITY D/O JAYASHANKARA @ JAYASHEKARA

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3 . SAGAR, AGED ABOUT 17 YEARS, S/O CHANNEGOWDA.

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APPELLANT NO.3 BEING , MINOR REPTD BY FATHER JAYASHANKARA @ JAYASHEKARA

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ALL ARE R/O NAGALAPURA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK ...APPELLANTS

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(By Sri. SHRIPAD V SHASTRI, ADVOCATE)

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AND

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1 . V K SHIVAPPA S/O KESHAVEGOWDA, VIJAPURA VILLAGE, ARAKALAGUDU TALUK-573 201.

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2 . A P SATHISHA, AGED ABOUT 31 YEARS, S/O PUTTASWAMYGOWDA, R/O AMBIGOWDANAHALLI, MALLIPATNA HOBLI, ARAKALAGUDU TALUK-573 201.

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3 . THE MANAGER

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SRI RAM GENERAL INSURANCE CO., RAJASTHAN.REPTD BY: SRI RAM GENERAL INSURANCE CO.LTD., NO.5, MONARCH CHAMBERS INFANTRY ROAD, MONARCH PLAZA, 201/02, BANGALORE-27. RESPONDENTS

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(By Sri.: B.C. SHIVANNE GOWDA, ADVOCATE FOR R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2018 PASSED IN MVC NO. 1481/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellants – claimants is

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present. 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 by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants – claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 9,64,000/- (Rupees Nine Lakhs Sixty Four Thousand only) in addition to what has been awarded by the Claims Tribunal, in full and final settlement of the claim.

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The 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 apportionment, deposit and release of the enhanced 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 memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Jayashankara @ Jayashekara v. v K Shivappa

Case brief

What is this about?

What did the court decide?

Jayashankara @ Jayashekara v. v K Shivappa

Case brief

What is this about?

What did the court decide?

What the court decided

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