Dismissed

A B Varasiddesha @ v. Jayanna

Karnataka HC2 Feb 2023MFA/3990/2019

Case brief

AI extract

What is this about?

High Court Legal Services Committee Bengaluru Lok Adalat settled a motor accident compensation appeal through negotiations, enhancing the award to Rs. 2,60,000 for settlement of the claim with interest provisions.

What did the court decide?

Enhanced compensation of Rs. 2,60,000 to be deposited within four weeks with 9% p.a. interest on default, and the minor guardian is given liberty to withdraw accrued interest periodically.

A B Varasiddesha @ Vs Jayanna — 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 02^ND DAY OF FEBRUARY 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MS. M.R. RASHMI, MEMBER

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M.F.A.No. 3990/2019 (MV) (Lok Adalat No. 687/2023)

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BETWEEN

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A.B. Varasiddesha @ Varasiddeshwara S/o K. Balaramappa, Aged about 14 years, Student, R/at Arehally Village, Mathodu Hobli, Hosadurga Taluk, Chitradurga District-577 533.

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Minor R/by his Natural Guardian Father K. Balaramappa S/o Kadajji Kariyappa, Aged about 40 years, R/at Arehally Village, Mathodu Hobli, Hosadurga Taluk, Chitradurga District-577 533. ...APPELLANT

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(By Sri. Gopalakrishna Murthy C., Advocate)

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AND

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1 . Jayanna S/o Doddarangappa, Major, Driver cum Owner of the

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Vehicle, R/at Doddakarapuradakatte Village, Kittadal Post, Hosadurga Taluk, Chitradurga District-577 533, (RC Owner of the Vehicle bearing No.KA-16/B-9002).

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The General Manager, Shriram General Insurance Co. Ltd., 10003-E, 8, Riinco Industrial Area, Sitapura – Jaipur, Rajasthan – 302 022. RESPONDENTS

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(By Sri. : Anup Seetharama Rao, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.10.2018 PASSED IN MVC NO. 125/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOSADURGA, 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 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 has agreed to pay a lump-sum of Rs. 2,60,000/- (Rupees Two Lakhs Sixty 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

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amount before the Tribunal within four weeks from the date of receipt of copy of the 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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Since the appellant is minor the entire enhanced compensation amount

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shall be invested in Fixed Deposit in the name of the minor appellant in any Nationalized / Scheduled Bank till he attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically.

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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.

Sd/-

JUDGE

Sd/MEMBER

Rbv

A B Varasiddesha @ v. Jayanna

Case brief

What is this about?

What did the court decide?

A B Varasiddesha @ v. Jayanna

Case brief

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