Allowed

M/S National Insurance Company Limited v. Shivakumari

Karnataka HC9 Dec 2023MFA/271/2022

Case brief

AI extract

What is this about?

This is a Lok Adalat order disposing of a miscellaneous first appeal filed by an Insurance Company against a Motor Claims Tribunal Award. After prolonged negotiations, the parties reached a settlement. The Insurance Company agreed to pay Rs. 9 lakhs as lump sum compensation, with specific amounts designated for five claimants, including investments for minors and the wife.

What did the court decide?

The matter was settled; the appellant Insurance Company agreed to pay Rs. 9 lakhs as compensation, and the impugned award was modified accordingly.

M/S National Insurance Company Limited Vs Shivakumari — Motor Accident Claims | 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 09^TH DAY OF DECEMBER 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE UMESH M ADIGA

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SRI. H. PAVANA CHANDRA SHETTY, MEMBER

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M.F.A.No. 271/2022 (MV) (Lok Adalat No. 2263/2023)

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BETWEEN

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1 . M/S NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE CODE 6041011974

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CINMAQ ROAD SRINIVASA MARKET COMPLEX DODDABALLAPURA BANGALORE RURAL DISTRICT FOR SERVICE OF SUMMONS BRANCH OFFICE TUMKUR SHOPPING COMPLEX B H ROAD, TUMKUR NOW REP BY ITS REGIONAL OFFICE NO.144 SHUBHARAM COMPLEX M G ROAD, BENGALURU M G ROAD, BENGALURU-560001 REP BY ITS AUTHORIZED SIGNATORY

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...APPELLANT

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(BY SRI. A.M.VENKATESH., ADVOCATE)

AND

1 . SHIVAKUMARI,

W/O LATE VENKATASWAMY, AGED ABOUT 39 YEARS,

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2 . NAVYASHREE.V, D/O LATE VENKATASWAMY, AGED ABOUT 32 YEARS,

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DARSHAN S/O LATE VENKATASWAMY, AGED ABOUT 17 YEARS, SINCE RESP.NO.3 IS MINOR REP. BY HIS MOTHER NATURAL GUARDIAN SHIVAKUMARI, RESP. NO.1 HEREIN

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NARASIMHAIAH (DEAD) BY LRS., MUNIYAMMA W/O LATE NARASAIAH, AGED ABOUT 78 YEARS,

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ALL ARE RESIDENTS OF THE RETTALINGAIAH, KOTTIGANAHALLI VILLAGE, KORA HOBLI,

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TUMAKUR TALUK-572102.

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K.NAGENDRA RAO, S/O KRISHNA RAO,

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AGED ABOUT 53 YEARS, R/O NO.111 MADHURAI VILLAGE, KANASAWADI HOBLI-561203, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, (R C OWNER OF LORRY BEARING REG NO.KA02/D-9929)

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....RESPONDENTS (BY SRI. ADAVEESHAIAH.B., ADVOCATE FOR R-1 TO R4 SRI. A.K.BHAT., ADVOCATE FOR R5)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2021 PASSED IN MVC NO. 1409/2008 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XI, TUMAKURU, AWARDING COMPENSATION OF RS.8,28,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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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 Appellant – Insurance Company

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along with its representative are present. The learned Counsel appearing for the Respondents – claimants are present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondent - claimant has agreed to receive and the Appellant - Insurance Company has agreed to pay a lump-sum of Rs.9,00,000/- (Rupees Nine Lakhs only)(including Trial Court Award amount), in full and final settlement of the claim.

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The Appellant - 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal.

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Learned counsel for the Insurance Company submits that as per the agreement between the parties, out of the enhanced compensation of Rs.9,00,000/-, Respondent No.1 / Claimant No.1 who is the wife of the deceased is entitled for a sum of Rs.4,00,000/-; Respondent Nos.2 and 3 who are the children of the deceased each are entitled for a sum of Rs.2,00,000/and Respondent No.4 / claimant No.4, who is the mother of the deceased is entitled for a sum of Rs.1,00,000/-. Out of compensation amount, a sum of Rs.4,00,000/- awarded in favour of Respondent No.1 / claimant No.1, a sum of Rs.3,00,000/- is directed to be invested in Fixed Deposit in her name, in any of the Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years of her choice and remaining amount of Rs.1,00,000/- is ordered to be released in her favour. A sum of Rs.2,00,000/- awarded in favour of Respondent No.2 / claimant No.2 is ordered to be released in her favour on proper identification. A sum of Rs.2,00,000/- awarded in favour of Respondent No.3

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/ claimant No.3 who is minor, shall be kept in Fixed Deposit in his name in any of the Nationalized / Scheduled Bank of the choice of minor guardian till he attains the majority with liberty to withdraw the accrued interest periodically by the guardian. A sum of Rs.1,00,000/- awarded in favour of respondent No.4 / claimant No.4 is ordered to be released in her favour 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 impugned 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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KBM

M/S National Insurance Company Limited v. Shivakumari

Case brief

What is this about?

What did the court decide?

M/S National Insurance Company Limited v. Shivakumari

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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