Partly allowed

Sachin @ Sachin Ramachandrarao v. Parameshwarappa D

Karnataka HC18 Dec 2021MFA/1168/2019

Case brief

AI extract

What is this about?

In a Mega Lok Adalat hearing, the High Court of Karnataka settled a Miscellaneous First Appeal filed against a Motor Vehicles Claims Tribunal award. The insurance company agreed to pay an additional lumpsum of Rs. 3,64,000 to the claimant in full and final settlement. The appeal was disposed of accordingly, and the Tribunal's judgment was modified.

What did the court decide?

Enhanced lumpsum compensation of Rs. 3,64,000 agreed to be paid by the insurance company; appeal disposed of; Tribunal judgment modified.

Sachin @ Sachin Ramachandrarao Vs Parameshwarappa D — 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 18^TH DAY OF DECEMBER 2021

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR

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SMT. S.SUSHEELA, MEMBER

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M.F.A.No. 1168/2019 (MV)

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(Lok Adalat No. 2528/2021)

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BETWEEN:

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SACHIN @ SACHIN RAMACHANDRARAO, DAMODAR S/O RAMACHANDRARAO, AGE 22 YEARS, OCC:MEDICAL,

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REPRESENTATIVE PRESENTLY NIL, R/O YELEBETHRUR VILLAGE, DAVANAGERE TALUK & DISTRICT, PIN-577 001.

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... APPELLANT

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(BY SRI. R SHASHIDHARA, ADVOCATE)

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AND:

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PARAMESHWARAPPA D

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S/O SANNA REVANNA @

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D. REVANASIDDAPPA, 44 YEARS, DRIVER OF TRACTOR-TRAILER BEARING NO.KA -16/T-321 & KA-17/1490, R/O POTHALAKATE VILLAGE, HARAPANAHALLI TALUK-583 131 DAVANAGERE DISTRICT,

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D REVANASIDDAPPA S/O SIDDAPPA,

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AGE 66 YEARS, OWNER OF TRACTOR-TRAILER

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BEARING NO. KA-16/T-321 & KA-17/1490, R/O POTHALAKATE VILLAGE, HARAPANAHALLI TALUK - 583 131. DAVANAGERE DISTRICT

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THE MANAGER, THE NEW INDIA ASSURANCE CO LTD, BRANCH OFFICE, NO.289,/12, 2^ND FLOOR, A.M.ARCADE, NEAR VIDYARTHI BHAVANA, C.G.HOSPITAL ROAD, DAVANAGERE - 577 001. 34/3, M.M.K COMPLEX, P.J. EXTENSION, DAVANAGERE - 577 001.

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... RESPONDENTS

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(BY SMT. Y ARUNA, ADVOCATE FOR R3)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2018 PASSED IN MVC NO.111/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MEMBER MACT-IV DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING 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 Appellant - Claimant is present through video conferencing/Physical Hearing. 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned

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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 lumpsum of Rs.3,64,000/- (Rupees Three Lakhs and 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 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 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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Sachin @ Sachin Ramachandrarao v. Parameshwarappa D

Case brief

What is this about?

What did the court decide?

Sachin @ Sachin Ramachandrarao v. Parameshwarappa D

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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