Disposed

Shivanna v. B K Kumara

Karnataka HC13 Aug 2022MFA/2897/2021

Case brief

AI extract

What is this about?

In this post-MVA appeal, a National Lok Adalat settled a dispute where the appellant sought enhancement of accidental death compensation. The Insurance Company agreed to pay an additional Rs. 2,60,000 as a lump sum in full and final settlement of the claim.

What did the court decide?

Settlement reached; the insurer agreed to deposit an additional Rs. 2,60,000 on payment of 9% p.a. interest if not deposited within six weeks.

Shivanna Vs B K Kumara — Insurance | Karnataka HC (2022)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOKADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 13^TH DAY OF AUGUST, 2022

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MRS. JUSTICE M.G.UMA

¶7

¶8

SMT. S.SUSHEELA, MEMBER

¶9

M.F.A.No.2897/2021 (MV)

¶10

(Lok Adalat No.2065/2022)

¶11

BETWEEN:

¶12

SHIVANNA S/O LATE RAMEGOWDA AGED ABOUT 38 YEARS, R/O HULLENAHALLI VILLAGE DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DIST

¶13

... APPELLANT

¶14

(BY SRI. SYED AKBAR PASHA, ADVOCATE)

¶15

AND:

¶16

B K KUMARA S/O KEMPEGOWDA, AGE MAJOR, R/O BYDRAHALLI VILLAGE, HIRISAVE HOBLI CHANNARAYAPATNA TALUK, HASSAN DIST

¶17

(OWNER OF CAR)

¶18

THE MANAGER, NATIONAL INSURANCE CO. LTD, NO-08/LINGARAJU COMPLEX, NO-09, GANDHI BAZAR MAIN ROAD, BASAVANAGUDI BENGALURU.

¶19

... RESPONDENTS

¶20

(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2)

¶21

¶22

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.07.2020 PASSED IN MVC NO.1269/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶23

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

¶24

CONCILIATION ORDER

¶25

The learned Counsel appearing for the Appellant - Claimant

¶26

is present physically. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

¶27

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 respondentInsurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondentInsurance Company has agreed to pay a lump-sum of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

¶28

The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks

¶29

¶30

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.

¶31

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

¶32

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.

¶33

Sd/JUDGE

¶34

Sd/MEMBER

¶35

SMJ

Shivanna v. B K Kumara

Case brief

What is this about?

What did the court decide?

Shivanna v. B K Kumara

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

Mohan @ Mohansingh Vs Kalaivananr and Anr.

Devamma and Ors. Vs Chandrashekhar and Ors.

Legal Manager Vs Noorjan

Mohammad Nihal Vs Irshad

Sri C P Gurumurthy Vs Sri Kumara

Sujatha Vs Yogish