Disposed

Gangadharaiah. S. N. v. Jagadish

Karnataka HC5 Jun 2023MFA/5804/2022

Case brief

AI extract

What is this about?

A Lok Adalat hearing in a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act regarding enhancement of compensation. The parties settled the dispute by agreeing to a lump-sum enhancement in compensation payable by the insurance company.

What did the court decide?

Settlement enhanced compensation by Rs. 65,000 by insurance company in full and final settlement; appeal disposed.

Gangadharaiah. S. N. Vs Jagadish — 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 5^TH DAY OF JUNE 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR.JUSTICE C.M.JOSHI

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AND

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MS. M.R. RASHMI, MEMBER

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M.F.A.No.5804/2022 (MV) (Lok Adalat No.2269/2023)

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BETWEEN:

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Gangadharaiah S.N. S/o Nyathappa, Now aged about 48 years, R/at C/o Krishnappa Building, Bashattahalli, Near KEB, Kasaba Hobli, Doddaballapura Taluk, Bangalore Rural District, And also residing at Singanahalli, Kodigehalli Hobli, Madhugiri Taluk, Tumkur District. ...APPELLANT

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(BY SRI. N.R. RANGEGOWDA, ADVOCATE)

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AND:

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Jagadish S/o Chalaram, Aged Major, Residing at D Cross, Muthasandra, Doddaballapura Town, Bangalore Rural District.

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The Manager, ICICI Lombard Motor Insurance Co. Ltd.,

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No.121, The Estate Building, 9^th Floor, Diskson Road, Bangalore – 560 001. …RESPONDENTS

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(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.06.2022 PASSED IN MVC NO.2236/2020 ON THE FILE OF THE MEMBER, MACT & XVIII ADDL. JUDGE, COURT OF SMALL CAUSES, BENGALURU ( SCCH-4), 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. 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.65,000/- (Rupees Sixty Five Thousand only), in addition to

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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.

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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 of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Gangadharaiah. S. N. v. Jagadish

Case brief

What is this about?

What did the court decide?

Gangadharaiah. S. N. v. Jagadish

Case brief

What is this about?

What did the court decide?

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