Allowed

Smt. Rekha v. the Managing Director

Karnataka HC14 Aug 2021MFA/390/2019

Case brief

AI extract

What is this about?

In a miscellaneous first appeal under MV Act filed against a Claims Tribunal award, parties reached a settlement at the Mega Lok Adalat. Insurance company agreed to pay Rs.4 Lakhs extra with interest on default, disposing the appeal by modifying the tribunal award.

What did the court decide?

Respondent to pay extra Rs.4,00,000 plus 9% interest on default; Tribunal judgment modified to reflect settlement.

Smt. Rekha Vs the Managing Director — 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 14^th DAY OF AUGUST, 2021

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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SRI. VIJAYKUMAR A. PATIL, MEMBER

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M.F.A.No. 390/2019 (MV) (Lok Adalat No. 1060/2021)

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BETWEEN

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Smt. Rekha W/o Late Sharanappa Savanoor,

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@ Sharanappa,

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Aged about 42 years.

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Kalkesh

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S/o Late Sharanappa Savanoora,

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@ Sharanappa,

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Aged about 21 years.

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Kumari Kavya D/o Late Sharanappa Savanoora @ Sharanappa, Aged about 20 years..

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Kumari Swati

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D/o Late Sharanappa Savanoora @ Sharanappa, Aged about 15 years.

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Appellant No.4 is a minor Represented by her Guardian and Mother Smt. Rekha-Appellant No.1.

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All are residing at Door No.54, First Ward, Hale Bajar, Yalburga, Koppala, Karnataka – 583 236. ... Appellants

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(By Sri. G. Ravishankar Shastry, Advocate)

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AND

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The Managing Director, Karnataka State Road Transport Corporation, Transport House, Central Offices, K.H. Road, Shanthi Nagar, Bangalore-560 027.

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The Divisional Manager, New India Assurance Co. Ltd., Above Malbar Gold, Opp. Athena Hospital, Falnir, Mangalore, D.K. District-575 004. ... Respondents

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(By Smt. Geetha Raj, Advocate for R-2, Sri. G. Shankar Goud, Advocate for R-1)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.06.2018 PASSED IN MVC NO.1915/2017 ON THE FILE OF THE MEMBER, MACT & I ADDL. SENIOR CIVIL JUDGE, MANGALURU, D.K., 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 present through video conferencing/Physical Hearing. The learned Counsel appearing

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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 -

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Insurance Company has agreed to pay a lump-sum of Rs.4,00,000/- (Rupees Four Lakhs 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 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

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up the award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Smt. Rekha v. the Managing Director

Case brief

What is this about?

What did the court decide?

Smt. Rekha v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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