Disposed

Rathnamma v. Ramakrishna M P

Karnataka HC12 Mar 2022MFA/3762/2018

Case brief

AI extract

What is this about?

In a Mega Lok Adalat, the High Court disposed of a miscellaneous first appeal by issuing a conciliation order. The court recorded a settlement agreement where the insurance company agreed to pay an enhanced lump-sum compensation of Rs. 3,70,000/- plus interest, modifying the Tribunal's award.

What did the court decide?

Appellants to receive Rs. 3,70,000/- from respondent; Tribunal award modified; Amount to be deposited within six weeks.

Rathnamma Vs Ramakrishna M P — Specific Performance | Karnataka HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE MEGA LOKADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2022

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CONCILIATORS PRESENT:

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THE HON’BLE MRS. JUSTICE M.G.UMA

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SMT. S.SUSHEELA, MEMBER

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M.F.A.No.3762/2018 (MV)

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(Lok Adalat No.757/2022)

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BETWEEN

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RATHNAMMA W/O LATE CHIKKAMUNIDASAPPA, @ MUNIDASAPPA, AGED ABOUT 50 YEARS.

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SOWBHAGYAMMA W/O NARAYANASWAMY, D/O LATE CHIKKAMUNIDASAPPA, @ MUNIDASAPPA,

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AGED ABOUT 30 YEARS.

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GANGADHAR C., S/O LATE CHIKKAMUNIDASAPPA, @ MUNIDASAPPA, AGED ABOUT 28 YEARS.

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MADHUKUMAR S/O LATE CHIKKAMUNIDASAPPA @ MUNIDASAPPA, AGED ABOUT 26 YEARS.

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ALL ARE RESIDENTS OF WARD NO.18, KEERTHI NAGAR, CHINTAMANI TOWN.

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...APPELLANTS

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(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)

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AND

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RAMAKRISHNA M. P. S/O PAPANNA T. AGE :MAJOR, R/O MADARAKALLU VILLAGE, H. K. HALLI POST, CHINTAMANI TLAUK, CHIKKABALLAPURA DISTRICT.

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BAJAJ ALIANZ GENERAL INSURANCE CO. LTD., OPP - NEW KOLAR NURSING HOME, KUVEMPU NAGAR, KOLAR, REP BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.01.2018 PASSED IN MVC NO.38/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MACT, KOLAR, 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 Appellants - Claimants are

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present. 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.3,70,000/- (Rupees Three Lakhs and Seventy 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

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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 apportionment, deposit and release of the enhanced compensation amount shall be made as per the Judgment and Award passed by the Claims Tribunal.

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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.

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Sd/JUDGE

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Sd/MEMBER

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Rathnamma v. Ramakrishna M P

Case brief

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Rathnamma v. Ramakrishna M P

Case brief

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