Disposed

Sri C P Gurumurthy v. Sri Kumara

Karnataka HC13 Aug 2022MFA/1487/2015

Case brief

AI extract

What is this about?

National Lok Adalat in Karnataka conciliated an M.F.A. No. 1487/2015 appeal regarding motor vehicle compensation enhancement. Parties reached a settlement of Rs. 40,000 plus future interest, disposing of the appeal and modifying the tribunal's award.

What did the court decide?

Insurance respondent to pay Rs. 40,000 plus 9% p.a. interest on default; appeal disposed of via settlement; tribunal award modified.

Sri C P Gurumurthy Vs Sri Kumara — Motor Accident Claims | Karnataka HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF AUGUST 2022

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

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SRI. VIJAYAKUMAR MAJAGE, MEMBER

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M.F.A.No. 1487/2015 (MV) (Lok Adalat No. 1188/2022)

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BETWEEN:

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Sri. C.P.Gurumurthy S/o Purudappa Aged about 34 years Coconut Business, R/at Channapura Village, Saraswatipura Post, Kasaba Hobli, Kadur Taluk, Chikmagalur District.

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...APPELLANT

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(By Sri. J. Sathish Kumar, Advocate)

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AND

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1 . Sri. Kumara S/o Rangaappa Aged about 30 years, Driver of the vehicle Bearing Regn. No.KA-18/A-1181 R/o Kallugundi Venkateshwara Nagara

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Kadur town, Kadur taluk (FDL No.2253, valid from 21.08.2002 to 31.07.2022)

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Sri S S Ravikumar S/o Shankara Murthy Aged about 44 years Owner of car indica indicab bearing Regn No.KA-18/A-1181 R/o Saraswathipura village & post Kasaba hobli, Kadur taluk Chikmagalur district.

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The Branch Manager Oriental insurance co ltd., Branch office, No.22, DVG Road, V. C. Plaza Basavanagudi, Bangalore (policy no.421800/31/2009/1151 valid from 05.08.2008 to 04.08.2009)

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RESPONDENTS

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(By Sri. K. Sridhara for R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2014 PASSED IN MVC NO. 32/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, KADUR, CHIKMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL 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 lump-sum of Rs. 40,000/- (Rupees 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 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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Sri C P Gurumurthy v. Sri Kumara

Case brief

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Sri C P Gurumurthy v. Sri Kumara

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