Dismissed

Kishore N v. Mahesh B

Karnataka HC1 Dec 2023MFA/234/2023

Case brief

AI extract

What is this about?

In a motor accident case, the Lok Adalat settled a dispute regarding compensation enhancement. The court ordered the insurance company to pay an additional sum with interest upon default, modifying the Tribunal's award based on a joint settlement memo signed by both parties' advocates.

What did the court decide?

Respondent-Insurance Company to deposit Rs. 1,18,000/- plus 9% p.a. interest on default, releasing total to appellant.

Kishore N Vs Mahesh B — 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. 234/2023 (MV)

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(Lok Adalat No. 2301/2023)

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BETWEEN:

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Kishore N. S/o K. Nagaraj, Aged about 29 years, R/o Gowrasamudra Village, Challakere Taluk, Chitradurga – 577 501.

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...APPELLANT

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(BY SRI. B. PRAMOD, ADVOCATE)

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AND

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1 . Mahesh B. S/o Bhyresha, Major, Owner of Auto Rickshaw Bearing Reg. No.KA-16/D-1105, R/o Venkateshwaranagara,

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Behind G.H.P.S. School, Challakere Town – 577 522, Chitradurga District.

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The Branch Manager, The New India Assurance Co. Ltd.,

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Branch Office, Vijyashri Complex, Near Union Park, B.D. Road, Chitradurga Town – 577 501. …RESPONDENTS (BY SRI. R. KALYAN, ADVOCATE FOR R-1,

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SMT. PADMA S. UTTUR, ADVOCATE FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.10.2022 PASSED IN MVC NO.472/2021 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT NO.IV, CHITRADURGA, 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 – Insurance Company along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed

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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 appellant-claimant has agreed to receive and the respondent-Insurance Company

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has agreed to pay a lump-sum of Rs.1,18,000/- (Rupees One Lakh Eighteen 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 - 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% 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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Rbv*

Kishore N v. Mahesh B

Case brief

What is this about?

What did the court decide?

Kishore N v. Mahesh B

Case brief

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What did the court decide?

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