Disposed

Rathnamma v. Mantesh

Karnataka HC30 Aug 2021MFA/2391/2020

Case brief

AI extract

What is this about?

The first appeal against a Motor Accident Tribunal award was heard by a Lok Adalat. After negotiations, the parties settled by signing a joint memo for an enhanced lump-sum compensation of Rs. 1,15,000/- payable by the insurance company to the claimant.

What did the court decide?

Enhanced compensation of Rs. 1,15,000/- payable by the Respondent-Insurance Co. to the Appellant-Claimant within six weeks with interest at 9% P.A. from date of default.

Rathnamma Vs Mantesh — Motor Accident Claims | Karnataka HC (2021)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 30^th DAY OF AUGUST, 2021

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR. JUSTICE B. VEERAPPA

¶7

¶8

SRI. M.N. UMASHANKAR, MEMBER

¶9

M.F.A.No. 2391/2020 (MV) (Lok Adalat No. 1411/2021)

¶10

BETWEEN

¶11

Smt. Rathnamma W/o Hanumanthappa, Aged about 52 years, Occ: Business, Presently not Working, R/o H. No.9/2, Main Road, Metro Badavane, Bangalore – 560 039. ... Appellant

¶12

(By Sri. G.J. Sunkapur, Advocate)

¶13

AND

¶14

Sri. Mantesh S/o Tukarammappa Sali, Major, Occ: Business Private Work, Owner of Car bearing Reg. No.KA-05/MK-7529, R/o H. No.9/2, Main Road, Metro Badavane, Bangalore – 560 039.

¶15

¶16

The Divisional Controller, The National Insurance Co. Ltd., C/o Shiva Naradamuni Plaza, 2^nd Floor, Dental College Road, MCC ‘B’ Block, Davanagere – 577 002. ... Respondents

¶17

(By Smt. Manjula N. Tejaswi, Advocates for R-2)

¶18

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2019 PASSED IN MVC NO. 983/2018 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.

¶19

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

¶20

CONCILIATION ORDER

¶21

The learned Counsel appearing for the Appellant - Claimant is present.

¶22

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

¶23

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 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. 1,15,000/- (Rupees One Lakh Fifteen

¶24

¶25

Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

¶26

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.

¶27

The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.

¶28

This Miscellaneous First Appeal stands disposed of in terms of the Joint

¶29

memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

¶30

Sd/JUDGE

¶31

Sd/MEMBER

¶32

Rbv

Rathnamma v. Mantesh

Case brief

What is this about?

What did the court decide?

Rathnamma v. Mantesh

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

Coram

Case details

Similar cases

Sri Venkatesha Vs Sri Suresha D D

Suresh C Vs G.K. Murthy

Smt. Rekha Vs the Managing Director

Smt Rani S Vs Sri Naveen Kumar S P

Sri. Nagaraju Vs Sri.Guruprasad a J

Sri Vijayakumara Vs Sri Chandregowda