Allowed

Channakeshava S N v. Manjunatha

Karnataka HC19 Jun 2023MFA/5656/2021

Case brief

AI extract

What is this about?

The Lok Adalat conciliated a motor vehicle accident appeal seeking enhanced compensation. Parties settled; the insurer agreed to pay Rs.40,000 additionally with interest if not deposited within six weeks. The Tribunal judgment was modified.

What did the court decide?

Settlement reached; insurer to pay Rs.40,000 additional plus 9% interest if not deposited within six weeks. Judgment modified.

Channakeshava S N Vs Manjunatha — Motor Accident Claims | Karnataka HC (2023)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 19^TH DAY OF JUNE 2023

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MR.JUSTICE C.M.JOSHI AND MS. M.R. RASHMI, MEMBER

¶7

M.F.A.No.5656/2021 (MV)

¶8

(Lok Adalat No. 1586/2023)

BETWEEN

CHANNAKESHAVA S N

S/O NAGARAJU

AGED 26 YEARS

R/AT BERESHWARA BADAVANE

4TH CROSS

SATHANUR VILLAGE

MANDYA TQ 571401

...Appellant

(By Sri. K.L. SREENIVAS, ADVOCATE)

¶19

AND

¶20

MANJUNATHA S/O VENKATAPPA AGED MAJOR

¶21

R/AT DUMBARADODDI VILLAGE KOLLGANAHALLI POST KANAKAPURA TQ RAMANGARA DIST.

¶22

¶23

2 . THE BRANCH MANGER ICICI LOMBARD MOTOR INUSRANCE CO LTD NEAR SBI BANK MANDYA 571401.

¶24

…Respondents

¶25

(By Sri. B C SHIVANNE GOWDA, ADVOCATE FOR R2)

¶26

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2021 PASSED IN MVC NO. 1110/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶27

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶28

CONCILIATION ORDER

¶29

The learned Counsel appearing for the Appellant - Claimant is present.

¶30

The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

¶31

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

¶32

¶33

Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand only), in addition to what has been awarded by the claims tribunal, in full and final settlement of the claim. We are satisfied that the settlement is just, proper and reasonable.

¶34

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.

¶35

The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.

¶36

This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.

¶37

Sd/JUDGE

¶38

Sd/MEMBER

¶39

Rbv

Channakeshava S N v. Manjunatha

Case brief

What is this about?

What did the court decide?

Channakeshava S N v. Manjunatha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Divisional Controller Vs Sri v Umesh

Karnataka State Road Transport Corporation Vs Siddegowda Since Deceased by His Lrs

The Divisional Controller Vs Sri Shivappa

Abrar Pasha Vs Manthan Rai K

Smt. Naryanamma Vs Mrs. Mamatha

Sri Karthik Vs Sri Raghu Vuduta