Disposed

Sri Srinivas v. Sri Krishnamurthy

Karnataka HC17 Nov 2023MFA/1254/2023

Case brief

AI extract

What is this about?

The Lok Adalat of the Karnataka High Court disposed of a Motor Vehicles First Appeal by recording a settlement. The Insurance Company agreed to pay an additional lump sum to the claimants in full and final settlement, with the Tribunal order to be modified accordingly.

What did the court decide?

Joint memo settling for extra Rs. 7,10,000; Tribunal award modified to reflect same; future suit barred.

Sri Srinivas Vs Sri Krishnamurthy — 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 DATED THIS THE 17^TH DAY OF NOVEMBER 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA

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SMT. PARINEETA S. CHANAL, MEMBER

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M.F.A.No. 1254/2023 (MV) (Lok Adalat No. 2201/2023)

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BETWEEN:

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Sri. Srinivas S/o Mariyappa

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Aged about 47 years.

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Smt. Shoba W/o Srinivas, Aged about 41 years.

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Seema D/o Srinivas, Aged about 22 years.

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All are resident of Padavagodu Village, Kasaba Hobli, Sagar Taluk, Shimoga District-577 401.

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...APPELLANTS

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(BY SRI. RAMACHANDRA R. NAIK, ADVOCATE)

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AND

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Sri. Krishnamurthy S/o Sri. Huchappa T.C., Aged about 33 years, Occ: Agriculture, R/at Baradavalli Village, Shirvante Post, Sagar Taluk-577 401, Shivamoga District.

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The Oriental Insurance Co. Ltd., Vinayaka Complex, Garden Area, 1^st Cross, Shivamogga, Shivamogga-577 201, Rep. by its Branch Manager. …RESPONDENTS

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(BY SRI. R. GUNASHEKAR, ADVOCATE FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2022 PASSED IN MVC NO.493/2020 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE & ADDL. MACT, SHIVAMOGGA SITTING AT SAGAR, 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. 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 respondentInsurance Company has agreed to pay a lump-sum of Rs.7,10,000/- (Rupees Seven Lakhs Ten 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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There are three claimants in the above appeal and the entire enhanced compensation amount shall be divided equally amongst the appellants and the same shall be released in their favour, on proper identification.

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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/MEMBER

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Rbv*

Sri Srinivas v. Sri Krishnamurthy

Case brief

What is this about?

What did the court decide?

Sri Srinivas v. Sri Krishnamurthy

Case brief

What is this about?

What did the court decide?

What the court decided

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