Allowed

Shivanna B v. the Manager

Karnataka HC9 Dec 2023MFA/570/2023

Case brief

AI extract

What is this about?

The National Lok Adalat settled Special Civil Appeals filed by accident survivors against an insurance company and express roadways. The parties agreed to an enhanced compensation of Rs. 10 lakhs as a full and final settlement of the appeal.

What did the court decide?

Awarded enhanced compensation of Rupees Ten Lakhs to be deposited by the respondent within six weeks, subject to 9% interest on default; declared as full and final settlement.

Shivanna B Vs the Manager — Consumer Protection | Karnataka HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE BENGALURU

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BEFORE THE NATIONAL LOK ADALATH

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 9^TH DAY OF DECEMBER, 2023

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CONCILIATORS PRESENT:

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THE HONOURABLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

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AND

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SRI. SHANTHI BHUSHAN H., MEMBER

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M.F.A.No.570/2023 [MV]

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(Lok Adalat No. 519/2023)

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BETWEEN:

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Shivanna B., S/o. Late Boregowda, Now aged about 49 years

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Gowramma B.M., W/o. Shivanna B., Now aged about 44 years.

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Bindu B.S., D/o. Shivanna B., Now aged about 21 years,

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All are R/a No.47, Bankapura, Kanthapura, Nagamangala Taluk, Mandya District -571432.

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… Appellants

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(By Sri. Raghu R., Advocate)

M.F.A.No.570/2023

AND:

The Manager, Bajaj Alliance Gen.Ins. Co., Ltd., Golden Heights, 4^th Floor, No.1/2, 59^th C Cross, 4^th Main Block, Rajajinagara, Bengaluru - 10.

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The Manager, Express Roadways Pvt. Ltd., No.456, Gala 1 to 16, Bidg-B-8, Richland Developers, Opp. Grandbee Hotel, Wadpe, Thane - 421302.

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… Respondents

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(By Sri. Pradeep B., Advocate for R-1; Notice to R-2 is Dispensed with vide order Dated 24.01.2023)

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This MFA is filed under Section 173(1) of Motor Vehicles Act, 1988, praying to (a) call for LCR and to modify and enhance the award amount passed in MVC No.4675/2021 on the file of the Court of the VI Addl. Judge, Court of Small Causes & Addl. CMM & MACT at Bengaluru (SCCH-2) vide judgment and award dated 30.09.2022. (b) Allow this appeal with costs throughout and (c) grant such other relief's as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity.

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This MFA coming on for conciliation before National Lok Adalat, this day, the following Conciliation Order is passed:

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M.F.A.No.570/2023

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CONCILIATION ORDER

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The matter is taken up in Lok Adalath.

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Both sides present.

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Conciliation was held.

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Learned counsels appearing for the claimants and the 1^st respondent-Insurance Company have filed a Joint Memo, settling the matter for `10,00,000/- (Rupees Ten

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Lakhs Only) as enhancement in addition to what has been awarded by the MACT below.

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Perused the said Joint Memo, the same is

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acceptable.

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The respondent No.1 has agreed to deposit the said amount before the Tribunal, within Six weeks from the date of preparation of the award, failing which, the

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M.F.A.No.570/2023

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said amount shall carry interest at the rate of 9% per

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annum from the date of default, till the date of deposit.

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Parties are not entitled to any costs.

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The terms of the joint memo is agreed to be full

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and final settlement between the parties with their free will

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and consent.

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The terms regarding apportionment of the enhanced compensation amount, its release including depositing a portion of the enhanced amount in fixed deposit, would be as per the terms of the original award passed by the Tribunal impugned under this appeal.

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The appeal is settled and stands disposed off on the above terms.

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Draw the award, accordingly.

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Registry to transmit the MACT records received, if any, to the said Court along with a copy of this conciliation

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M.F.A.No.570/2023

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order immediately, but, not later than three weeks from today.

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Sd/JUDGE

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Sd/MEMBER

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BVK

Shivanna B v. the Manager

Case brief

What is this about?

What did the court decide?

Shivanna B v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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