Allowed

T.M.Puttappayya v. Gurushantha B.S.

Karnataka HC12 Jan 2023MFA/1486/2021

Case brief

AI extract

What is this about?

The High Court Legal Services Committee held a Lok Adalat for a miscellaneous first appeal seeking enhancement of motor accident compensation. The parties reached a settlement wherein the insurer agreed to pay an additional lump sum of Rs. 25,000 with interest on delay, settling the appeal.

What did the court decide?

Agreement to pay additional Rs. 25,000 with 9% p.a. interest from the date of default, subject to deposit within six weeks.

T.M.Puttappayya Vs Gurushantha B.S. — 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 12^TH DAY OF JANUARY 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE M.I.ARUN

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SRI. P.D. SUBRAMANYA, MEMBER

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M.F.A.No.1486 OF 2021 (MV-I) (Lok Adalat No.295/2023)

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BETWEEN

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T.M. Puttappayya S/o. Mallaiah Aged about 62 years Resident of in front of TVV College Madhugiri - 572 132.

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...APPELLANT

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(By Sri. Shantharaj K., Advocate)

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AND

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Gurushantha B.S.

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Aged major R/at No.12, 4^th Main 4^th Cross, Abbayappa Layout N.S. Palya, BTM 2^nd Stage Bengaluru - 560 076.

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National Insurance Company Limited

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By its Manager Branch Office, B.H. Road, Tumakuru - 572 101.

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RESPONDENTS

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(By Sri. A.M. Venkatesh, Advocate for R.2.)

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MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.08.2019 PASSED IN MVC NO.741/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT., MADHUGIRI, 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 Appellant - Claimant is present through video conferencing/physical hearing. The learned Counsel appearing for the Respondent No.2 – 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 No.2 -Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent No.2-Insurance

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Company has agreed to pay a lump-sum of Rs.25,000/- (Rupees Twenty Five 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 No.2 - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation

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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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VMB

T.M.Puttappayya v. Gurushantha B.S.

Case brief

What is this about?

What did the court decide?

T.M.Puttappayya v. Gurushantha B.S.

Case brief

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