Allowed

Sri N Babupoojary v. Mrs Shruthi G Rai

Karnataka HC10 Nov 2023MFA/447/2022

Case brief

AI extract

What is this about?

The Lok Adalat constituted by the High Court of Karnataka settled a motor accident compensation appeal. The insurers agreed to pay an enhanced lump sum of Rs.20,000 to the appellant-claimant, modifying the Tribunal's award.

What did the court decide?

Respondent-Insurance Company to pay Rs.20,000 additional compensation with 9% p.a. interest on default; Judgment and Award of Tribunal modified.

Sri N Babupoojary Vs Mrs Shruthi G Rai — Insurance | 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 10^TH DAY OF NOVEMBER 2023

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CONCILIATORS PRESENT:

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

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SMT. K.T. PREMALATHA, MEMBER

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M.F.A.No. 447/2022 (MV)

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(Lok Adalat No. 2120/2023)

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BETWEEN:

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Sri. N. Babu Poojary S/o Sri. Dooma Poojary, Aged about 58 years, R/at 4-105/3, Samruddi, Near Bajagoli Post Office, Mudaru Village, Karkala – 574 213. ...APPELLANT (BY SRI. DHANANJAY KUMAR, ADVOCATE)

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AND

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Mrs. Shruthi G. Rai, W/o Sri. Gowrish Rai, Aged Major, R/at No.4-18/B8, Sowbhagya, Babukatte, Permannur Post, Mangalore – 575 212.

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The Divisional Manager, The New India Assurance Co. Ltd.,

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Udupi Divisional Office, Udupi – 574 213. …RESPONDENTS

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(BY SRI. G.S. MARULAIAH, ADVOCATE FOR R-2, NOTICE TO R-1 – D/W V.C.O. DATED 02.02.2023)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2021 PASSED IN MVC NO.181/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. MACT, KARKALA, 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

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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 has agreed to pay a lump-sum of Rs.20,000/- (Rupees Twenty Thousand only), in

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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.

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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 N Babupoojary v. Mrs Shruthi G Rai

Case brief

What is this about?

What did the court decide?

Sri N Babupoojary v. Mrs Shruthi G Rai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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