Disposed

Sri. Shivakumar v. H. B. Devarajegowda

Karnataka HC18 Dec 2021MFA/9477/2017

Case brief

AI extract

What is this about?

In a Mega Lok Adalat session before the High Court of Karnataka, an appeal against a Motor Vehicles Act judgment was settled. The insurance company agreed to pay an enhanced lump-sum compensation of Rs. 1,10,000/- in addition to the tribunal award to settle the claim finally.

What did the court decide?

Respondent-Insurance Company agreed to pay an enhanced lump-sum of Rs. 1,10,000/- in addition to the tribunal award.

Sri. Shivakumar Vs H. B. Devarajegowda — 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. 9477/2017 (MV) (Lok Adalat No. 3124/2021)

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BETWEEN:

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SRI. SHIVAKUMAR S/O. CHANDRAPPA, NOW AGED ABOUT 28 YEARS, R/AT HARLAKATTE VILLAGE, KANAKATTE HOBLI,

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ARASIKERE TALUK-573 103.

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... APPELLANT

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(BY SMT. KAMALA D K, ADVOCATE)

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AND:

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H. B. DEVARAJEGOWDA S/O. MATEGOWDA, AGED ABOUT 62 YEARS, R/O HANUMANAHALLI VILLAGE, HOLLENARASIPURA TALUK, HASSAN DISTRICT-573 201.

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SRIRAM GEN. INS. CO. LTD., REP BY ITS BRANCH MANAGER, E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302 022.

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... RESPONDENTS

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(BY SRI. H.N.KESHAVA PRASHANTH ADVOCATE FOR R-2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2017 PASSED IN MVC NO.1294/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, ARSIKERE, 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 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 has agreed to pay a lumpsum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand 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 - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of

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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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Sri. Shivakumar v. H. B. Devarajegowda

Case brief

What is this about?

What did the court decide?

Sri. Shivakumar v. H. B. Devarajegowda

Case brief

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What did the court decide?

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