Disposed

Sadananda v. Venugopala Rao C

Karnataka HC9 Sept 2023MFA/1480/2022

Case brief

AI extract

What is this about?

During a National Lok Adalat session, a motor accident compensation appeal filed under the Motor Vehicles Act was settled via a joint memo. The Court accepted the settlement agreement wherein the insurer agreed to pay an additional lump-sum compensation to the claimant. Consequently, the appeal was disposed of and the Tribunal award was modified accordingly.

What did the court decide?

The appeal was disposed of by accepting the Joint Settlement Memo; the Tribunal Award was modified to reflect the enhanced compensation of Rs. 1,60,000/-.

Sadananda Vs Venugopala Rao C — 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 C.M. JOSHI

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SRI. VIJAYAKUMAR MAJAGE MEMBER

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M.F.A.No. 1480/2022 (MV) (Lok Adalat No.2436/2023)

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BETWEEN:

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SADANANDA

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S/O ESHWARAPPA AGED ABOUT 31 YEARS R/AT: VENKATAPURA KASABA HOBLI PAVAGADA TALUK TUMKUR DISTRICT - 572122 NOW R/AT : SIRA GATE, TUMKUR.

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...APPELLANT

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(BY SRI. MUSHTAQ AHMED., ADVOCATE)

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AND:

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1 . VENUGOPALA RAO C. S/O LATE HANUMANTHARAO AGED ABOUT 48 YEARS M/S SLV BUS OWNER SAJJAIAH COMPOUND BEHIND MYSORE BANK MADHUGIRI TOWN TUMKURU DISTRICT -572122.

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THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD HINDUPUR (610703) 16-3- 474/A KRISHNA MASION, MAIN BAZAR

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HINDUPUR - 515201 THE NEW INDIA ASSURANCE CO. LTD OPP. NANJUNDESHWARA HOTEL B.H. ROAD, TUMKUR TOWN-562130 REP. BY ITS MANAGER.

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RESPONDENTS

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(BY SRI. JANARDHAN REDDY., ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2018 PASSED IN MVC NO. 446/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 Appellant - Claimant 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellantclaimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs. 1,60,000/- (Rupees One Lakh Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. We are satisfied that the settlement is just proper and is in the interest of

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justice and equity and it is reasonable. Hence, the joint memo filed by the parties is accepted. The appeal is disposed off in terms of the joint memo.

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The Respondent - Insurance Company has agreed to deposit the said amount

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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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, 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/JUDGE

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Sd/MEMBER

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RMS CT:RMS

Sadananda v. Venugopala Rao C

Case brief

What is this about?

What did the court decide?

Sadananda v. Venugopala Rao C

Case brief

What is this about?

What did the court decide?

What the court decided

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