Disposed

Chandrashekhar v. Lakshmamma

Karnataka HC12 Nov 2022MFA/248/2022

Case brief

AI extract

What is this about?

The National Lok Adalat, sitting as a conciliatory body, disposed of a miscellaneous first appeal filed under the Motor Vehicles Act. Following negotiations between the appellant and the insurance company, a settlement was reached for an enhanced lump-sum compensation of Rs. 2,75,000 payable within six weeks.

What did the court decide?

Enhanced lump sum compensation of Rs. 2,75,000 accorded in full and final settlement of the additional claim.

Chandrashekhar Vs Lakshmamma — Motor Accident Claims | Karnataka HC (2022)

¶1

¶2

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

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 12^TH DAY OF NOVEMBER 2022

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA

¶7

¶8

SRI. M.N.UMASHANKAR, MEMBER

¶9

M.F.A.No.248/2022 (MV)

¶10

(Lok Adalat No.3079/2022)

¶11

BETWEEN:

¶12

CHANDRASHEKHAR S/O UMAPATHI, AGED ABOUT 23 YEARS, R/O JANATHA COLONY, KONDLAHALLI VILLAGE, MOLAKALMURU TALUK - 577 535, NOW R/O 1ST CROSS, K.B.EXTENSION, CHITRADURGA - 577 501.

¶13

...APPELLANT

¶14

(BY SRI. R.SHASHIDHARA, ADVOCATE)

¶15

AND

¶16

1 . LAKSHMAMMA

¶17

W/O B.THIPPESWAMY,

¶18

MAJOR, OWNER OF AUTO BEARING NO.KA-16/C-3002,

¶19

R/O NEAR ANNAPOORNESHWARI HOTEL, 5TH CROSS, JOGIMATTI ROAD, CHITRADURGA CITY - 577 501.

¶20

¶21

THE BRANCH MANAGER, ORIENTAL INSURANCE CO LTD., BRANCH OFFICE, OPP. K.S.R.T.C. BUS STAND, DAVANAGERE ROAD, CHITRADURGA - 577 501.

¶22

RESPONDENTS

¶23

(BY SRI.JANARDHANA REDDY, ADVOCATE FOR R-2)

¶24

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.08.2021 PASSED IN MVC NO.932/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶25

THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶26

CONCILIATION ORDER

¶27

The learned Counsel appearing for the Appellant - Claimant is present

¶28

through video conferencing/physical hearing. The learned Counsel appearing

¶29

for the Respondent – Insurance Company along with its representative are present.

¶30

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

¶31

by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the

¶32

respondent-Insurance Company and its authorized officer is filed. The

¶33

¶34

appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five

¶35

Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

¶36

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.

¶37

The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.

¶38

This Miscellaneous First Appeal stands disposed of in terms of the Joint

¶39

memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

¶40

Sd/-

¶41

MEMBER

¶42

GPG

Chandrashekhar v. Lakshmamma

Case brief

What is this about?

What did the court decide?

Chandrashekhar v. Lakshmamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr. Mohan D Vs Mr. Krishna

Narasimhegowda P C Vs Subramanya Rao

Mahadevaiah Vs Manjunath S P

Rajanna Vs Sri R Somashekar

Devendra Naik Vs Smt Gangadevi G

S.B.Badrinath Vs Ajay H.R.