Disposed

Harsha v. Narasimha

Karnataka HC12 Jan 2023MFA/2122/2021

Case brief

AI extract

What is this about?

In a miscellaneous first appeal filed under Section 173(1) of the Motor Vehicles Act seeking enhancement of compensation, the Lok Adalat recorded a settlement between the claimant and the insurance company. The matter was disposed of by modifying the Tribunal's award with a set lump-sum payment and deposit terms.

What did the court decide?

Settlement reached; Insurance Company to pay Rs. 2,05,000/- in addition to Tribunal award within six weeks, with 9% p.a. interest on default.

Harsha Vs Narasimha — 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.2122 OF 2021 (MV-I) (Lok Adalat No.113/2023)

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BETWEEN

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Harsha S/o. Basavaraju Aged about 30 years R/at No.301, Basaveshwara Nilaya 5th Cross, Manjunatha Nagara Jalamangala Road, Ramanagara Town - 562 159.

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...APPELLANT

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(By Sri. Shantharaj K., Advocate)

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AND

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Narasimha

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S/o. Peer Reddy Aged Major R/at Shivajinagar, Latur Maharashtra State - 413 512.

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The National Insurance Co. Ltd. By its Divisional Manager, No.3, 1st Floor, North Wing Mananandi Plaza, St. Mark's Road, Bengaluru - 560 001.

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L. Prabhakar, S/o Lingegowda, R/at Malleshwara Temple Road, Ijoor, Old Unkion Band Road, Ramanagara Town-562159.

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…RESPONDENTS

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(By Sri. Janardhana Reddy, Advocate for R.2.)

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MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.07.2019 PASSED IN MVC NO.440/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, RAMANAGARA, 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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through video conferencing/physical hearing. The learned Counsel appearing

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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

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appellant-claimant has agreed to receive and the respondent No.2-Insurance Company has agreed to pay a lump-sum of Rs.2,05,000/- (Rupees Two Lakhs 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 of award, failing which the said amount shall carry interest at the rate of 9%

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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

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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

Harsha v. Narasimha

Case brief

What is this about?

What did the court decide?

Harsha v. Narasimha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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