Disposed

Malyappa v. B S Mallaiah

Karnataka HC8 Jul 2023MFA/3599/2022

Case brief

AI extract

What is this about?

The National Lok Adalat disposed of an appeal filed to enhance compensation in a motor accident death case. The matter was settled via a joint memo where the insurance company agreed to pay Rs.1,25,000/- in full and final settlement.

What did the court decide?

The appellant agreed to receive Rs.1,25,000/- from the insurance company as additional compensation in full and final settlement; the appeal is disposed of and the tribunal award modified.

Malyappa Vs B S Mallaiah — Insurance | 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 8^TH DAY OF JULY 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE G.NARENDAR

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SRI.T.G.RAVI, MEMBER

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M.F.A.No.3599/2022 (MV) (Lok Adalat No.1844/2023)

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BETWEEN:

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MALYAPPPA, S/O THIPPAIAH, AGED ABOUT 49 YEARS, MUTHIGARAHALLY, MOLAKALMURU TALUK, NOW R/O C. K. PURA, KELAGOTE, CHITRADURGA - 577 501.

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...APPELLANT

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(BY SRI. VIJAYAKUMAR S C., ADVOCATE)

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AND

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B. S. MALLAIAH, S/O K. BASAIAH, MAJOR, MUTHIGARAHALLY,

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B. G. KERE POST, MOLAKALMURU TALUK, CHITRADURGA DISTRICT, OWNER OF THE VEHICLE. NO.KA-16-EK-4026.

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THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD.,

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1ST FLOOR, JAGALURU MAHALINGAPPA TOWERS, ABOVE HDFC BANK, B. D. ROAD, CHITRADURGA - 577 501.

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...RESPONDENTS

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(BY SMT.MANJULA N.TEJASWI, ADVOCATE FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2021 PASSED IN MVC NO.616/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 - Claimant is present through video conferencing/physical hearing. The learned Counsel appearing

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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.1,25,000/- (Rupees One Lakh Twenty 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 - 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 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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GPG

Malyappa v. B S Mallaiah

Case brief

What is this about?

What did the court decide?

Malyappa v. B S Mallaiah

Case brief

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