Disposed

Sujatha v. Yogish

Karnataka HC13 Aug 2022MFA/3263/2019

Case brief

AI extract

What is this about?

In this miscellaneous first appeal regarding motor accident compensation, the National Lok Adalat recorded a settlement where the respondent insurance company agreed to pay an additional Rs. 1,20,000/- as lump sum in full and final settlement, subject to a six-week deadline for deposit.

What did the court decide?

Agreement to pay Rs. 1,20,000/- enhancement in full and final settlement within six weeks with 9% p.a. interest on default.

Sujatha Vs Yogish — 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 B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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M.F.A.No. 3263/2019 (MV) (Lok Adalat No. 2359/2022)

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BETWEEN

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Sujatha D/o Siddaraju, Aged about 25 years, R/o Bilaguli Village, Nanjangud Tq.,

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Mysuru District, Now R/at Near Jain Basadi, S.R. Patna Town & Taluk, Mandya District – 571 438. ...APPELLANT

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(By Sri. M.Y. Sreenivasan, Advocate)

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AND

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1 . Yogish S/o Doreswamy, Major, R/at Site No.1, Madivalaswamy Gaddige Complex, Ramanuja Road, Mysuru – 570 004

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The Branch Manager, Bharathi AXA General Insurance Co. Ltd., 1^st Floor, Fems Icon, Survey No.28, Doddanakundi Village, K.R. Puram Hobli, Bengaluru – 560 037. RESPONDENTS

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(By Sri. : B. Pradeep, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2018 PASSED IN MVC NO. 127/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND MACT, NANJANGUD, 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 and submits that since Bharti Axa General Insurance Company Limited has been merged with ICICI Lombard General Insurance Company Limited and now M/s. ICICI Lombard General Insurance Company Limited will satisfy the compensation. The said submission is placed on record.

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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

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appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs. 1,20,000/- (Rupees One Lakh Twenty 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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Rbv

Sujatha v. Yogish

Case brief

What is this about?

What did the court decide?

Sujatha v. Yogish

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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