Disposed

The Divisional Manager/Branch Manager v. Sri Channalakkaiah

Karnataka HC16 Jan 2021MFA/2061/2020

Case brief

AI extract

What is this about?

In two filed appeals under the Motor Vehicles Act regarding compensation for a motor accident, the High Court of Karnataka disposed of both matters as amicably settled between the insurer and claimants via a joint memo, ordering the deposit amount to be transmitted to the Tribunal.

What did the court decide?

Settled amicably; appeal disposed; deposit amount to be transmitted to Tribunal.

The Divisional Manager/Branch Manager Vs Sri Channalakkaiah — Insurance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON'BLE MRS. JUSTICE S. SUJATHA

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AND

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THE HON'BLE MR. JUSTICE M.I.ARUN

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MFA NO.2061 OF 2020 C/W MFA NO.1676 OF 2020 (MV)

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IN MFA NO.2061 OF 2020

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BETWEEN :

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THE DIVISIONAL MANAGER/ BRANCH MANAGER M/S TATA AIG GENERAL INSURANCE CO. LTD. DIVISIONAL OFFICE, 2^ND FLOOR JP & DEVI JAMBUKESWAR ARCADE NO.69, MILLERS ROAD BENGALURU – 560 052 ... APPELLANT

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(BY SRI. RAVI S. SAMPRATHY, ADVOCATE)

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AND :

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SRI. CHANNALAKKAIAH S/O CHANNAPPA AGED ABOUT 51 YEARS

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SMT. LAKSHMAMMA W/O CHANNALAKKAIAH AGED ABOUT 41 YEARS

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KUM. SOWMYA D/O CHANNALAKKAIAH AGED ABOUT 21 YEARS ALL ARE R/AT HADRIPURA

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KADANUR POST, DODDABELAVANGALA HOBLI, D. B. PURA TALUK BENGALURU RURAL DISTRICT

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SRI. LOKESH S/O SIDDAPPA MAJOR IN AGE CHIKKAHEJJAJI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT ... RESPONDENTS

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(BY SRI. SHRIPAD SHASTRY, ADV. FOR R1 TO R3)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.11.2019 PASSED IN MVC NO.1328/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.15,04,457/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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IN MFA NO.1676 OF 2020

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BETWEEN :

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SRI. CHANNALAKKAIAH S/O CHANNAPPA AGED ABOUT 51 YEARS

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SMT. LAKSHMAMMA W/O CHANNALAKKAIAH AGED ABOUT 41 YEARS

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SOWMYA D/O CHANNALAKKAIAH AGED ABOUT 21 YEARS

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ALL ARE R/AT HADRIPURA KADANUR POST DODDABELAVANGALA HOBLI, D. B. PURA TALUK BENGALURU RURAL DIST. ... APPELLANTS

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(BY SRI. SHRIPAD V. SHASTRI, ADV.)

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AND :

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SHRI. LOKESH

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S/O SIDDAPPA CHIKKAHEJJAJI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT

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THE MANAGER TATA AIG GENERAL INSURANCE CO. LTD. NO.69, 2^ND FLOOR, JP & DEVI JAMBUKESWARA ARCADE MILLERS ROAD BENGALURU – 560 052 ... RESPONDENTS

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(BY SRI. RAVI S. SAMPRATHI, ADV.)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2019 PASSED IN MVC NO.1328/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18),PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, SUJATHA, J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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Joint memo is filed before the Court signed by both the

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insurer as well as the claimants along with their respective learned counsel which reads thus:-

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“ The dispute in the above appeal is amicably settled between the Appellant and the Respondent Nos.1 to 3 The Appellant Insurance Company has agreed to settle the claim in full and final settlement for a global sum of Rs.16,00,000/-

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(Rupees Sixteen Lakhs only). The Respondents Nos. 1 to 3 have agreed for the same.

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The Appellant agrees to deposit the said amount within 6 weeks from the date of the order, failing which the said amount shall carry an interest at the rate of 6% from the date of the order .

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It is prayed that the amount in deposit Rs.25,000/- may kindly be transferred to Tribunal for disbursement to Respondents/claimants.

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In view of the settlement arrived in the above appeal, it is agreed that the Respondents No.1 to 3 to withdraw MFA No.1676 of 2020 filed by them.”

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Memo is placed on record.

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In view of the aforesaid, appeal stands disposed of,

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as settled amicably between the parties in terms of the joint memo referred to above.

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Amount in deposit shall be transmitted to the jurisdictional Tribunal for disbursement.

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Sd/- JUDGE

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Sd/JUDGE

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MH/-

The Divisional Manager/Branch Manager v. Sri Channalakkaiah

Case brief

What is this about?

What did the court decide?

The Divisional Manager/Branch Manager v. Sri Channalakkaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

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