Disposed

Sri.Jabeer Pasha v. Yashodhara K

Karnataka HC11 Feb 2023MFA/4086/2022

Case brief

AI extract

What is this about?

The National Lok Adalat consulted parties in a motor accident first appeal. After prolonged negotiations, they recorded a settlement where the insurance company agreed to pay an enhanced lump-sum compensation in addition to the tribunal's award, with specific conditions for payment timing and interest.

What did the court decide?

Settlement recorded: Insurance company to pay Rs. 2,60,000/- additional to tribunal award within six weeks; case disposed and award modified.

Sri.Jabeer Pasha Vs Yashodhara K — Medical Negligence | 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 11^th DAY OF FEBRUARY 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B. VEERAPPA

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SRI. T.G. RAVI, MEMBER M.F.A.No. 4086/2022 (MV) (Lok Adalat No. 708/2023)

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BETWEEN

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Sri. Jabeer Pasha S/o Abdul Ghani, Aged about 43 years, R/at No.162/24, 3^rd Cross, Manjunatha Nagara, Behind Amir Kalimi Masjid, New Guddadahalli, Bengaluru – 560 026. ...APPELLANT (By Sri. B.C. Thippeswamy, Advocate)

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AND

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1 . Yashodhara K. S/o Kalleshappa, R/at No.12/B, 11^th Main, 4^th Cross, Near RPC Layout Bus Stop, Hampinagara, Bengaluru – 560 104.

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Bajaj Allianz General Insurance Co. Ltd., Golden Heights, 4^th Floor,

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No.1/2, 59^th ‘C’ Cross, 4^th M Block, Rajajinagar, Bengaluru – 560 010. .…RESPONDENTS

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(By Sri. P.S. Jagadish, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021 PASSED IN MVC NO. 4991/2019 ON THE FILE OF THE II ADDL. JUDGE & ACMM, COURT OF SMALL CAUSES AND MACT (SCCH-13), BENGALURU, 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

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present through video conferencing/physical hearing. 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 respondentInsurance Company has agreed to pay a lump-sum of Rs. 2,60,000/-

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(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 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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Rbv

Sri.Jabeer Pasha v. Yashodhara K

Case brief

What is this about?

What did the court decide?

Sri.Jabeer Pasha v. Yashodhara K

Case brief

What is this about?

What did the court decide?

What the court decided

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