Disposed

Smt. Laxmi Devi v. the Manager

Karnataka HC20 Sept 2023MFA/1118/2022

Case brief

AI extract

What is this about?

In a motor vehicle accident claim appeal, the LOK ADALAT recorded a settlement between the claimants and the insurance company for an enhanced lump sum. The appeal was disposed of on the basis of the joint settlement memo without further adjudication. The Tribunal award was modified accordingly.

What did the court decide?

Settlement of Rs. 8,48,000/-; Appeal disposed of based on joint memo; Tribunal Award modified to reflect enhanced compensation.

Smt. Laxmi Devi Vs the Manager — Motor Accident Claims | Karnataka HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE M.I.ARUN

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SRI. ARJUN S., MEMBER

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M.F.A.No.1118/2022 (MV) (Lok Adalat No.2553/2023)

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BETWEEN

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Smt. Laxmi Devi W/o Late Ramakrishna, Aged about 43 years.

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Mr. Ramu S/o. Late Ramakrishna, Aged about 26 years.

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Both are R/at Near Om Shakthi

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Temple, Kaverinagar, Bengaluru-560 036.

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Smt. Sangeetha W/o Somashekar, Aged about 24 years, R/o 5^th Cross, Venkateshwara Mahalya, Kuvempunagar, Bengaluru – 560 036.

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Smt. Siddamma W/o Chikkaranga Shetty, Aged about 73 years, R/o #59, Madivala Street, Ajjipura, Chamarajanagar, Kollegal-571 439. ...APPELLANTS

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(By Sri. K.T. Gurudeva Prasad, Advocate)

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AND

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The Manager, ICICI Lombard Motor Insurance Company Ltd. The Estate Building, 9^th Floor, Dickson Road, Bengaluru-560 001.

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Mr. Sridhar K. S/o Krishnappa, No.27, 2^nd Cross, Krishnappa Building, Masjid Park Road, Kaverinagar, Behind Muthumariyamma Temple, Bengaluru – 560 048. …RESPONDENTS

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(By Sri. B. Pradeep, Advocate for R-1)

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MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2019 PASSED IN MVC NO.4231/2018 ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT (SCCH-20), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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.

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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.8,48,000/- (Rupees Eight Lakhs Forty Eight 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 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

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accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv*

Smt. Laxmi Devi v. the Manager

Case brief

What is this about?

What did the court decide?

Smt. Laxmi Devi v. the Manager

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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