Disposed

Sri. Nagaraju v. Sri.Guruprasad a J

Karnataka HC30 Aug 2021MFA/7867/2017

Case brief

AI extract

What is this about?

This is a Lok Adalat conciliation order disposing of a miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act. The court facilitated a settlement where the insurance company agreed to pay an additional Rs. 80,000 plus interest, settling the claim in full and final settlement.

What did the court decide?

Insurance company to pay Rs. 80,000 in addition to tribunal award with 9% interest upon default; matter settled and appeal disposed of.

Sri. Nagaraju Vs Sri.Guruprasad a J — Insurance | 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 30^th DAY OF AUGUST, 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. 7867/2017 (MV) (Lok Adalat No. 1408/2021)

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BETWEEN

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Sri. Nagaraju S/o Chikkamadaiah, Aged about 47 years, R/o Inam Uttanahalli Village, Varuna Hobli, Mysuru Taluk and District, Presently R/at Nanjapura Village, Bannur Hobli, T. Narasipura Taluk, Mysuru District-571 124. ... Appellant

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(By Sri. Nagesh M., Advocate)

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AND

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Sri. Guruprasad A.J. S/o Late Jayanna, Aged about 31 years, R/at No.106, Alanahalli Village, H.D. Kote Taluk, Mysuru District. Owner & Driver of Motor Bike bearing Reg.No.KA-15/S-3336).

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The National Insurance Co. Ltd. Division Office-2, Office No.1, 1^st Floor, Sri. Srinivasa Plaza, Adichunchanagiri Road, Kuvempunagar, Mysuru – 570 001. (Policy No.39010231136203727468 Valid from 20.01.2014 to 19.01.2015). ... Respondents

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(By Sri. K. Kishor Kumar Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 16.03.2018)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2016 PASSED IN MVC NO. 26/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, TIRUMAKUDLU NARASIPURA (T. NARASIPURA), 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 Appellant - Claimant 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 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

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has agreed to pay a lump-sum of Rs..80,000/- (Rupees Eighty 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 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

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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. Nagaraju v. Sri.Guruprasad a J

Case brief

What is this about?

What did the court decide?

Sri. Nagaraju v. Sri.Guruprasad a J

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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