Disposed

The New India Assurance Co. Ltd. v. Sri Ramakrishnappa

Karnataka HC15 Feb 2021MFA/3922/2015

Case brief

AI extract

What is this about?

This order of the Lok Adalat disposed of a First Appeal filed by an insurance company against a Claims Tribunal award. The court facilitated a settlement reducing the compensation by a nominal amount with interest due within six weeks, modifying the original award accordingly.

What did the court decide?

Settlement of Rs.26,50,000 with 6% p.a. interest agreed; First Appeal disposed of; Tribunal Award modified accordingly.

The New India Assurance Co. Ltd. Vs Sri Ramakrishnappa — Karnataka HC (2021) — LawSathi Research

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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. 3922/2015 (MV) (Lok Adalat No. 1149/2020)

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BETWEEN

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The New India Assurance Co. Ltd., Divisional Office, DO-2, Bangalore, through Motor Third Party Claims Hub, M.G. Road, By duly constituted Attorney.

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Appellant

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(By Sri. K. Suryanarayana Rao, Advocate)

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AND

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Sri. Ramakrishnappa S/o Late Muniyappa, Aged about 52 years.

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Smt. Krishnamma W/o Ramakrishnappa, Aged about 49 years.

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Both are residing at Mellur Village and Post, Siddlaghatta Taluk, Chikkaballapur District,

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Present Address: No.211, 9^th ‘A’ Cross, Kaddirappa Road, Cox Town, Doddigunta, Bangalore-560 005.

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Mrs. S. Annapoorna W/o Munikrishnappa, Major in age, Vijayapura, Devanahalli Tq., Bangalore Rural. ... Respondents

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(By Sri. R. Chandrashekar, Advocate for R-1 & R-2, Sri. G.V. Dayananda, Advocate for R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.12.2014 PASSED IN MVC NO. 1166/2013 ON THE FILE OF THE XV ADDL. JUDGE, COURT OF SMALL CAUSES AND MACT, MAYO HALL UNIT, BANGALORE (SCCH-19), AWARDING COMPENSATION OF RS.26,98,503/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.

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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 Appellant – Insurance Company along with its representative are present. The learned Counsel appearing for the respondent Nos.1 and 2 – claimants is present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the Respondent Nos.1 and 2 (being authorized by the respondent Nos.1 and 2 to sign) and the learned advocate appearing for the appellant - Insurance Company and its authorized officer is filed. The respondent Nos.1 and 2 - claimants have agreed to receive and the appellant - Insurance Company has agreed to pay a sum of Rs.26,50,000/(Rupees Twenty Six Lakhs Fifty Thousand only) with interest @ 6% p.a. instead of Rs.26,98,503/- with interest at 6% p.a. awarded by the Tribunal, in full and final settlement of the claim.

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The Appellant - 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 modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal.

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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

The New India Assurance Co. Ltd. v. Sri Ramakrishnappa

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Sri Ramakrishnappa

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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