Disposed

The Manager v. Umesha C S

Karnataka HC17 Nov 2023MFA/2872/2022

Case brief

AI extract

What is this about?

A Lok Adalat of the High Court of Karnataka disposed of two motor accident appeals (MFA Nos. 2872/2022 and 208/2023) following a settlement between the insurance company and the claimants. The court modified the compensation award to Rs. 4,73,390 with 6% interest upon successful deposit.

What did the court decide?

Pending appeals disposed of based on a joint settlement memo. Appellant agreed to pay Rs. 4,73,390 with 6% interest upon deposit within six weeks, modifying the insurer's liability from the original a

The Manager Vs Umesha C S — Motor Accident Claims | Karnataka HC (2023)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 17^TH DAY OF NOVEMBER 2023

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA

¶7

¶8

SMT. PARINEETA S. CHANAL, MEMBER

¶9

M.F.A.No.2872/2022 (MV) (Lok Adalat No.2218/2023) C/w

¶10

M.F.A.No.208/2023 (MV) (Lok Adalat No.2105/2023)

¶11

IN MFA NO.2872/2022:

¶12

BETWEEN

¶13

The Manager, Sriram General Insurance Co. Ltd., No.9/5, Monaral Church, Infantry Road, Bangalore-560 001, Now Rep. by its Sriram General Insurance Co. Ltd., The Manager, No.3/4, S.V. Arcade, 3^rd Floor, Belekahalli, Bangalore – 560 076. ...APPELLANT

¶14

(BY SRI. B. PRADEEP, ADVOCATE)

¶15

AND

¶16

Umesha C.S. S/o Shivanna, Aged about 36 years,

¶17

¶18

Chittanahalli Village, Chinakurali Hobli, Pandavapura Taluk, Mandya District.

¶19

Jayakumar S/o Venkataramu, Now aged about 40 years, Maduru Village, Bookanakere Hobli, K.R. Pete Taluk, Mandya District. …RESPONDENTS (BY SRI. P. MAHADEVA SWAMY, ADVOCATE FOR R-1)

¶20

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2021 PASSED IN MVC NO. 1425/2020 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.5,23,390/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

¶21

IN MFA NO.208/2023:

¶22

BETWEEN

¶23

Sri. Umesh C.S. S/o Shivanna D., Aged about 36 years, Occupation: Barber and Tailoring, Chinttanahalli Village, Chinakurali Hobli, Pandavapura Taluk, Mandya – 571 434.. ...APPELLANT

¶24

(BY SRI. P. MAHADEVA SWAMY, ADVOCATE)

¶25

AND

¶26

Jayakumar S/o Venkataramu, Aged about 40 years,

¶27

¶28

Moduru Village, Bookanakere Hobli, K.R. Pete Taluk, Mandya – 571 426.

¶29

The Manager, Sriram General Ins. Co. Ltd., No.9/5, Monaral Church, Infantry Road, Bengaluru-560 091. …RESPONDENTS

¶30

(BY SRI. B. PRADEEP, ADVOCATE FOR R-2)

¶31

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2021 PASSED IN MVC NO.1425/2020 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING FOR ENHANCEMENT OF COMPENSATION.

¶32

THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶33

CONCILIATION ORDER

¶34

The learned Counsel appearing for the Appellant – Insurance

¶35

Company along with its representative are present. The learned Counsel appearing for the Respondent – claimant is present.

¶36

After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondent/claimant (being authorized by the respondent/claimant to sign) and the

¶37

¶38

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 sum of Rs.4,73,390/- (Rupees Four Lakhs Seventy Three Thousand Three Hundred and Ninety only) with interest @ 6% p.a. from the date of petition till the date of deposit instead of Rs.5,23,390/with interest @ 6% p.a. awarded by the Claims Tribunal, in full and final settlement of the claim.

¶39

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.

¶40

The entire modified compensation amount shall be released in favour of the respondent – claimant, on proper identification..

¶41

Accordingly, M.F.A. No.2872/2022 stands disposed of in terms

¶42

of the Joint memo. The Judgment and Award of the Tribunal shall stand

¶43

¶44

modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.2872/2022, M.F.A. No. 208/2023 filed by the respondent – claimant is hereby disposed of. Draw up the Award accordingly.

¶45

Sd/JUDGE

¶46

Sd/MEMBER

¶47

Rbv*

The Manager v. Umesha C S

Case brief

What is this about?

What did the court decide?

The Manager v. Umesha C S

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

Similar cases

Sri Sinivas D M Vs Sri Mahlingaiah C S

Sri N Babupoojary Vs Mrs Shruthi G Rai

Kumara Aradhya Vs H Venkatesh Prasad

Sri. Siddesh N Vs Sri. Ganesh. K. D.

Suma S Vs Naresh Kumar

Sri Srinivas Vs Sri Krishnamurthy