Disposed

Shivanna v. Divisional Controller

Karnataka HC18 Dec 2021MFA/429/2020

Case brief

AI extract

What is this about?

Mega Lok Adalat at High Court of Karnataka conciliated Miscellaneous First Appeal regarding motor accident compensation. Court settled claim for lump-sum enhancement of Rs.1,00,000 payable by respondent with interest at 9% p.a. if not deposited within six weeks, modifying tribunal judgment.

What did the court decide?

Enhanced lump-sum compensation of Rs.1,00,000 (payable within six weeks with 9% p.a. interest if delayed) in full and final settlement.

Shivanna Vs Divisional Controller — 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 18^TH DAY OF DECEMBER 2021

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CONCILIATORS PRESENT:

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THE HON’BLE MRS. JUSTICE S.SUJATHA

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SMT. MANJULA N TEJASWI, MEMBER

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M.F.A.No.429/2020( MV) (Lok Adalat No.2732/2021)

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BETWEEN:

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SHIVANNA S/O HANUMANAIKA, AGED ABOUT 40 YEARS, R/AT KEMPANAPURA VILLAGE, SANTHEMARAHALLI POST, CHAMARAJANAGARA TQ AND DISTRICT, NOW R/AT RANGANATHA NAGAR, S.R.PATNA TOWN, MANDYA DIST - 571 438.

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... APPELLANT

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(BY SRI. SREENIVASAN M.Y., ADVOCATE)

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AND:

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DIVISIONAL CONTROLLER, KSRTC, OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC, SHANTHINAGARA, K.H.DOUBLE ROAD, BANGALORE - 570 050.

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... RESPONDENT

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(BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2019 PASSED IN MVC NO. 162/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGAR, 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 Appellant - Claimant is present through video conferencing/Physical Hearing. The learned Counsel appearing for the Respondent – KSRTC 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - KSRTC and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-KSRTC has agreed to pay a lump-sum of Rs.1,00,000/(Rupees One Lakh 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 - KSRTC 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 entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.

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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 up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Shivanna v. Divisional Controller

Case brief

What is this about?

What did the court decide?

Shivanna v. Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

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