Partly allowed

Smt Rani S v. Sri Naveen Kumar S P

Karnataka HC30 Aug 2021MFA/8323/2019

Case brief

AI extract

What is this about?

The High Court at Bengaluru, before a Lok Adalat venue passing a conciliation order on M.F.A.No. 8323/2019, recorded a settlement agreement between appellants (claimants) and respondent (insurance company). They settled the enhanced compensation claim with a lump sum payment, and the adjudicated matter was disposed of accordingly.

What did the court decide?

The First Appeal was disposed of based on a joint memo where the insurance company agreed to pay an enhanced sum of Rs. 7,90,000/-.

Smt Rani S Vs Sri Naveen Kumar S P — Motor Accident Claims | 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. 8323/2019 (MV) (Lok Adalat No. 1416/2021)

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BETWEEN

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Smt. Rani S. W/o Late Manjunath @ Manjanna, Aged 33 years.

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Sri. Bairava S/o Late Manjunath @ Manjanna, Aged 07 years, Minor, Rep. by his natural guardian Mother – Appellant No.1 Rani.

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Smt. Sakamma W/o Late Boralingegowda, Aged 61 years, (Senior citizen not claimed).

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All are residing at Padugudi Village, C.S. Pura Hobli,

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Gubbi Tq., Tumakuru District.

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Now r/at C/o Nagarathna, Maralur Main Road, Maralur, Tumakuru.

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... Appellants

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(By Sri. M.B. Chandra Chooda, Advocate)

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AND

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Sri. Naveen Kumar S.P. S/o Puttashamachar, R/at Sampige at Post, Dandinashivara Hobli, Turuvekere Taluk, Tumakuru District.

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The Manager, The National Insurance Co. Ltd., Behind Krishna Talkies, M.G. Road, Tumakuru. ... Respondents

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(By Sri. B.C. Seetharama Rao, Advocates for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2019 PASSED IN MVC NO. 969/2018 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDL. MACT, TUMAKURU, 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 Appellants - Claimants 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 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 respondentInsurance Company has agreed to pay a lump-sum of Rs. 7,90,000/- (Rupees Seven Lakhs Ninety 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 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 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

Smt Rani S v. Sri Naveen Kumar S P

Case brief

What is this about?

What did the court decide?

Smt Rani S v. Sri Naveen Kumar S P

Case brief

What is this about?

What did the court decide?

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