Disposed

Sri. Ramesh K S v. M/S. Sri. Vinayaka Enterprises

Karnataka HC15 Feb 2021MFA/2864/2019

Case brief

AI extract

What is this about?

Lok Adalat conciliators disposed of a motor vehicle appeal filed under Section 173(1) of the Motor Vehicles Act. After negotiations, parties settled with the insurance company agreeing to pay an additional Rs. 1,50,000 with interest.

What did the court decide?

Parties settled; Insurance company to pay additional Rs. 1,50,000 plus 9% interest on default; Tribunal award modified.

Sri. Ramesh K S Vs M/S. Sri. Vinayaka Enterprises — 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 15^th DAY OF FEBRUARY, 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. 2864/2019 (MV) (Lok Adalat No. 12/2021)

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BETWEEN

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Sri. Ramesh K.S. S/o Krishnappa, Aged about 48 years.

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Smt. Saraswathi W/o Ramesh K.S., Aged about 46 years.

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Aiswarya K.R. D/o Ramesh K.S., Aged about 23 years.

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All are residing at No.3, Near Vidyanikethan School, H. Gollahalli, Kengeri Post, Bengaluru-60. ... Appellants

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(By Sri. H.T. Jagadeesh, Advocate)

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AND

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M/s. Sri. Vinayaka Enterprises, No.2, Abbiah Naidu Studio, Opp. M.G.M. Apartment, Chikkalasandra, Bengaluru-61.

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The New India Assurance Co. Ltd., T.P. Hub, No.9/2, Mahalakshmi Chambers, M.G. Road, Bengaluru – 01. ... Respondents

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(By Sri. B.R. Venkatesh Kamath, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 05.01.2021)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2018 PASSED IN MVC NO. 6601/2017 ON THE FILE OF THE XIII ADDL. JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT (SCCH-15), 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 Appellants - Claimants 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 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 respondentInsurance Company has agreed to pay a lump-sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand 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 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 of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal and the entire shares of appellants – claimants shall be released in their favour, 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

Sri. Ramesh K S v. M/S. Sri. Vinayaka Enterprises

Case brief

What is this about?

What did the court decide?

Sri. Ramesh K S v. M/S. Sri. Vinayaka Enterprises

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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