Partly allowed

Ramya C v. Veeraiah Veerabasaiah Hiremath

Karnataka HC8 Jul 2023MFA/2000/2020

Case brief

AI extract

What is this about?

This Lok Adalat order settles an appeal against a Motor Accidents Claims Tribunal award. The parties agreed to a lump-sum enhancement of Rs.9,00,000. The Tribunal directed the insurer to deposit this amount within six weeks, modifying the original award.

What did the court decide?

Appellants to receive Rs.9,00,000 enhancement; Respondent to deposit within 6 weeks; Tribunal award modified.

Ramya C Vs Veeraiah Veerabasaiah Hiremath — Insurance | 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 8^TH DAY OF JULY 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE G.NARENDAR

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SRI.T.G.RAVI, MEMBER

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M.F.A.No.2000/2020 (MV) (Lok Adalat No.607/2023)

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BETWEEN:

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RAMYA C., W/O LATE. SHANTAKUMAR A. N.,

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AGED ABOUT 24 YEARS,

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OCC: HOUSEHOLD WORK.

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PRITHIKUMAR,

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S/O LATE. SHANTHAKUMAR A. N.,

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AGED ABOUT 2 YEARS.

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KOTRAMMA,

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W/O. A. N. NAGARAJ, AGED ABOUT 57 YEARS,

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THE 2ND APPELLANT IS MINOR, REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT NO.1,

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ALL ARE R/O 2ND STAGE,

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NEAR BANNI MAHAKALAMMA TEMPLE,

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BAGATH SINGH NAGAR, DAVANAGERE - 577 001.

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...APPELLANTS

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(BY SRI. R. SHASHIDHARA, ADVOCATE)

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AND

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VEERAIAH VEERABASAIAH HIREMATH,

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S/O. VEERABASAIAH HIREMATH, AGED ABOUT 47 YEARS,

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DRIVER OF CAR BEARING NO.KA-51/MK-5906, R/O SAMMASAGI VILLAGE,

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HANAGAL TALUK, HAVERI DISTRICT - 581 104.

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VIKAS VINAYAKA KAMATH, S/O. VINAYAK KAMATH, AGED ABOUT 32 YEARS, OWNER OF CAR BEARING NO.KA-51/MK-5906, R/O. PLOT-B-001, B- BLOCK, SAI SURAKSHA GOLDEN APARTMENT, SARASWATIPURAM, HULIMAVU, BANGALORE - 560 076.

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THE MANAGER, BAJAJ ALLIANAZ GENERAL INSURANCE CO. LTD., BRANCH OFFICE, NO.50, 1ST FLOOR, MURUGHARAJENDRA COMPLEX, JAYADEVA CIRCLE, HADADI ROAD, DAVANAGERE - 577 001.

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...RESPONDENTS

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(BY SRI. B.PRADEEP, ADVOCATE FOR-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.09.2019 PASSED IN MVC NO.404/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AVD V MACT, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION

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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 are 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 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.9,00,000/- (Rupees Nine 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

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award, failing which the said amount shall carry interest at the rate of 9% P.A.

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from the date of default, till the date of deposit.

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The apportionment, deposit and release of the enhanced compensation

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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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GPG

Ramya C v. Veeraiah Veerabasaiah Hiremath

Case brief

What is this about?

What did the court decide?

Ramya C v. Veeraiah Veerabasaiah Hiremath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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