Disposed

Madappa v. the Divisional Controller

Karnataka HC1 Dec 2023MFA/2/2023

Case brief

AI extract

What is this about?

A Lok Adalat conciliation order settling a motor accident appeal. Parties reached an agreement for enhanced compensation of Rs. 90,000, subject to interest if not deposited within six weeks, leading to the disposal of the appeal and modification of the Tribunal award.

What did the court decide?

Settlement of enhanced compensation of Rs. 90,000 with 9% interest on default; disposal of miscellaneous first appeal.

Madappa Vs the Divisional Controller — 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 01^ST DAY OF DECEMBER 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. 2/2023 (MV) (Lok Adalat No. 90/2023)

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BETWEEN:

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Madappa S/o Late Lingappa, Aged about 57 years, R/at Janatha Colony, Sinduvalli Village, Nanjangud Tq., Mysuru District, Now R/at C/o Kumara, 6^th Cross, Basaveshwaranagara, Kollegala Taluk, Chamarajanagar District-571 441. ...APPELLANT

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(BY SRI. M.Y. SREENIVASAN, ADVOCATE)

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AND

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The Divisional Controller, Owner cum Custodian of Internal Insurance Fund of K.S.R.T.C., K.H. Road, Shanthi Nagara, Bengaluru-560 027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE)

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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. 42/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, KOLLEGALA, 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.

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The learned Counsel appearing for the Respondent – Corporation 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-Corporation and its authorized officer is filed. The appellantclaimant has agreed to receive and the respondent-Corporation has agreed to pay a lump-sum of Rs.90,000/- (Rupees Ninety Thousand only), in addition to what

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has been awarded by the Tribunal, in full and final settlement of the claim.

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The Respondent - Corporation 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 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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Rbv*

Madappa v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Madappa v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Case details

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