Disposed

Sri Thimmegowda v. Sri N Sundaravadivela

Karnataka HC12 Mar 2022MFA/4200/2017

Case brief

AI extract

What is this about?

This Mega Lok Adalat conciliation order settled the dispute arising from an appellate claim against a Motor Accidents Tribunal award. The Insurance Company agreed to pay an enhanced lump sum compensation of Rs. 1,50,000 to the appellants.

What did the court decide?

Insurance Company to pay Rs. 1,50,000 as additional compensation within six weeks along with 9% interest on default from the date of award.

Sri Thimmegowda Vs Sri N Sundaravadivela — Motor Accident Claims | Karnataka HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

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BEFORE THE MEGA LOK ADALAT

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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 MR.JUSTICE B. VEERAPPA

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AND

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SRI M.N. UMASHANKAR, MEMBER

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MFA No.4200/2017(MV)

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LOK ADALAT No.1009/2022

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BETWEEN:

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SRI THIMMEGOWDA S/O LATE RANGEGOWDA AGED ABOUT 48 YEARS

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SRI SHIVEGOWDA S/O LATE RANGEGOWDA AGED ABOUT 42 YEARS

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BOTH ARE RESIDENT OF MAHADEVARAHALLI VILLAGE GANDASI HOBLI, ARASIKERE TALUK - 573103

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3. SMT SUMITHRA W/O LATE SHANKAREGOWDA AGED ABOUT 41 YEARS

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ALL ARE PERMANENT RESIDENT OF GUNDEGOWDANAKOPPALU HASSAN – 573 201.

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...APPELLANTS

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(BY SRI. CHETHAN B., ADV.)

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AND:

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SRI N SUNDARAVADIVELA S/O NATARAJ MAJOR RESIDENT OF KOTHAMANGALAM SATHYAMANGALAM TAMILNADU – 638 401.

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THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 570, NIGUM CROSS ROAD WADELA, MUMBAI – 400 031

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REPRESENTED BY THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., N R CIRCLE, H N PURA ROAD, HASSAN – 573 201.

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...RESPONDENTS

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(BY SRI. ASHOK N. PATIL, ADV. FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2016 PASSED IN MVC NO.1963/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

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JUDGE, & ADDITIONAL MACT, HASSAN, SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :

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CONCILIATION ORDER

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The learned Counsel for the appellants – claimants, and 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 authorised by the appellant/s /claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorised officer is filed. The appellants - claimants have agreed to receive and the respondent – Insurance Company has agreed to pay a lumpsum of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) in addition to what has been awarded by the Tribunal as full and final settlement of the claim.

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The respondent - Insurance company has agreed to

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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 9% per annum 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 appellants – claimants in equal proportion, on proper identification.

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The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment and Award passed by the Tribunal shall stand modified accordingly. Draw the award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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sac*

Sri Thimmegowda v. Sri N Sundaravadivela

Case brief

What is this about?

What did the court decide?

Sri Thimmegowda v. Sri N Sundaravadivela

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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