Disposed

Rathnamma v. M/S Manak Roadlines

Karnataka HC8 Jul 2023MFA/44/2023

Case brief

AI extract

What is this about?

In a motestead accident first appeal filed for enhancement of compensation, the National Lok Adalat settled the matter. The insurance company agreed to pay an additional lump sum of Rs. 1,40,000 plus interest, disposing of the appeal and modifying the Tribunal's award.

What did the court decide?

Respondent Insurance Company to pay Rs. 1,40,000 plus 9% interest if not deposited within 6 weeks; Tribunal's award modified.

Rathnamma Vs M/S Manak Roadlines — 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 08^TH DAY OF JULY, 2023 CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE K. SOMASHEKAR &

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SRI. M. N. UMASHANKAR, MEMBER

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M.F.A.No. 44/2023 (MV) (Lok Adalat No.1795/2023)

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BETWEEN

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RATHNAMMA,

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W/O LATE. VENKATACHALAMURTHY, AGED ABOUT 49 YEARS.

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SAGAR M. V., S/O LATE. VENKATACHALAMURTHY, AGED ABOUT 28 YEARS.

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SUNDAR M. V., S/O LATE. VENKATACHALAMURTHY, AGED ABOUT 26 YEARS. ALL ARE R/AT NO.152,

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MALAGARANAHALLI VILLAGE, MADDUR TQ, MANDYA DISTRICT, NOW R/O C/O SIDDAIAH, DODDABHUVAHALLI VILLAGE, MALAVALLI TQ, MANDYA DISTRICT - 571 421.

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...APPELLANTS

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(BY SRI. SREENIVASAN M. Y., ADVOCATE)

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AND

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M/S MANAK ROADLINES,

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NO.2727, HAMILTON ROAD, KASHMERI GATE,

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NEW DELHI - 11000

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO., LTD., DO-1, CHAMUNDIPURAM, JLB ROAD, MYSORE - 570 005.

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...RESPONDENTS

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(BY SRI. M. P. SRIKANTH, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2022 PASSED IN MVC NO.2318/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND L MACT, MALAVALLI, 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 Appellants - Claimants are present through 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

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signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is

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appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants has agreed to receive and the respondentInsurance Company has agreed to pay a lump-sum of Rs.1,40,000/- (Rupees One lakh forty 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 enhanced compensation shall be apportioned amongst the appellants in terms of the judgment and award passed by the claims tribunal.

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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

SSD

Rathnamma v. M/S Manak Roadlines

Case brief

What is this about?

What did the court decide?

Rathnamma v. M/S Manak Roadlines

Case brief

What is this about?

What did the court decide?

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