Disposed

Lakshmamma v. T. C. Mohan

Karnataka HC9 Sept 2023MFA/100/2023

Case brief

AI extract

What is this about?

A National Lok Adalat disposed of a Miscellaneous First Appeal filed against a Motor Claims Tribunal award. The appellants/claimants and respondent Insurance Company settled, resulting in an enhancement of compensation to Rs. 2,00,000 with interest provisions.

What did the court decide?

Enhancement of compensation by Rs. 2,00,000 to be paid by respondent with 9% interest for delay; Tribunal judgment modified.

Lakshmamma Vs T. C. Mohan — Motor Accident Claims | Karnataka HC (2023)

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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 09^TH DAY OF SEPTEMBER 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE T G SHIVASHANKARE GOWDA

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SRI. S. S. MAHENDRA, MEMBER

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M.F.A.No. 100/2023 (MV) (LOK ADALAT No. 2640/2023)

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BETWEEN:

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LAKSHMAMMA,

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W/O APPAJIGOWDA,

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AGED ABOUT 50 YEARS,

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R/O DODDABYGATHAVALLI VILLAGE, KASABA HOBLI, HOLENARASIPUR TALUK,

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PRESENTLY RESIDING AT

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BIDIRUMALEKOPPALU VILLAGE, ARAKALGUD - 573 102.

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NEELAMMA, W/O. NIRVANIGOWDA,

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AGED ABOUT 62 YEARS, R/O. VIJAPURA VILLAGE, KASABA HOBLI, ARAKALGUD TQ - 573 102.

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RAMEGOWDA, S/O LATE BEEREGOWDA, AGED ABOUT 51 YEARS.

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4. CHANDREGOWDA, S/O LATE BEEREGOWDA, AGED ABOUT 66 YEARS.

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SHIVANNA, S/O LATE BEEREGOWDA, AGED ABOUT 69 YEARS.

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MANJUNATHA, S/O LATE BEEREGOWDA, AGED ABOUT 62 YEARS,

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APPELLANTS NO.3 TO 6 ARE RESIDENT OF BIDIRUMALEKOPPALU VILLAGE, KASABA HOBLI , ARAKALAGUD TALUK - 573 102.

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KAMALAMMA, W/O RAMEGOWDA, AGED ABOUT 60 YEARS, R/O KYATHANAHALLI KOPPALU VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK - 573 102.

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MANJULA, W/O LOKESHA, AGED ABOUT 58 YEARS, R/O BANAVARA VILLAGE AND HOBLI, ARASIKERE TQ - 573 102.

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VENKATESH, S/O LATE BEEREGOWDA, AGED ABOUT 62 YEARS, R/O BIDIRUMALEKOPPALU VILLAGE, KASABA HOBLI, ARAKALAGUD TALUK - 573 102. ...APPELLANTS (BY SRI. RAMESHA M.S., ADVOCATE)

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AND

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1 . T. C. MOHAN, S/O CHINNEGOWDA, MAJOR, R/O 874P, BALAYYANAKOPPALU VILLAGE, KASABA HOBLI, ARAKALAGUD TQ, HASSAN DISTRICT - 573 102, (OWNER OF TATA ACRE JEEP REG NO.KA-45/8339)

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THE ORIENTAL INSURANCE CO.LTD., SANMATHI PLAZA, OPP. PWD OFFICE, H.N. PURA ROAD, ARAKALAGUD TOWN - 573 102.

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…RESPONDENTS

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

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.08.2022 PASSED IN MVC NO.1279/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, 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 Appellants - Claimants is present through video conferencing/physical hearing. 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 respondentInsurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lumpsum of Rs.2,00,000/- (Rupees Two Lakh 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of 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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LDC

Lakshmamma v. T. C. Mohan

Case brief

What is this about?

What did the court decide?

Lakshmamma v. T. C. Mohan

Case brief

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