Disposed

Kum. Shruthi.D.R. v. Sri. Raju K

Karnataka HC27 Mar 2021MFA/8208/2019

Case brief

AI extract

What is this about?

The Mega Lok Adalat disposed of a miscellaneous first appeal challenging a motor accident compensation award. The court recorded a settlement between the appellant and respondent insurer for an additional Rs. 1,40,000 to be paid with interest if not deposited within six weeks, modifying the tribunal award accordingly.

What did the court decide?

Settlement of appeal for enhanced compensation of Rs. 1,40,000 to be paid by insurer within six weeks with interest at 9% p.a. for default.

Kum. Shruthi.D.R. Vs Sri. Raju K — 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 27^th DAY OF MARCH, 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. 8208/2019 (MV) (Lok Adalat No. 194/2021)

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BETWEEN

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Kum. Shruthi D.R. D/o D. Revanasiddappa Aged about 21 years, Occ: Student and Tailoring, Presently not working, R/o Hanagavadi Village, Harihar Taluk, Davanagere Dist-577 601. ... Appellant

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(By Sri. G.J. Sunkapur, Advocate)

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AND

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Sri. Raju K. S/o Siddalingappa, Aged Major, Occ: Business, Owner of Motor Cycle bearing Reg.No.KA-17/EA-5729, R/o Haraganahalli Village, Harihar Tq., Davanagere Dist-587 101.

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The Divisional Manager, The New India Assurance Co. Ltd., A.M. Arcade, Near Vidyarthi Bhavan, C.G. Hospital Road, Davanagere-577 01. ... Respondents

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(By Sri. Jagadeesh G.S. & Sri. Gurubasappa E.S., Advocates for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2019 PASSED IN MVC NO. 985/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, 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 – Insurance Company along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed

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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

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Company has agreed to pay a lump-sum of Rs. 1,40,000/- (Rupees One Lakh Forty 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 disbursed 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

Kum. Shruthi.D.R. v. Sri. Raju K

Case brief

What is this about?

What did the court decide?

Kum. Shruthi.D.R. v. Sri. Raju K

Case brief

What is this about?

What did the court decide?

What the court decided

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