Allowed

Sri. Siddesh N v. Sri. Ganesh. K. D.

Karnataka HC17 Nov 2023MFA/5962/2022

Case brief

AI extract

What is this about?

This judgment records a conciliation order passed by a Lok Adalat of the Karnataka High Court. After settlement negotiations between the appellant-claimant and the respondent-insurance company, a lump sum of Rs. 1,00,000/- was agreed to be paid in full and final settlement of the claim, to be deposited with interest.

What did the court decide?

Agreed to pay a lump sum of Rs. 1,00,000/- in addition to the awarded amount in full and final settlement.

Sri. Siddesh N Vs Sri. Ganesh. K. D. — Motor Accident Claims | 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 17^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. PARINEETA S. CHANAL, MEMBER

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M.F.A.No. 5962/2022 (MV) (Lok Adalat No. 2202/2023)

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BETWEEN:

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Sri. Siddesh N. S/o Late Ningaraju, Aged about 38 years, R/at 1^st Cross, Basaveswara Nagar, Kasaba Hobli, Arsikere Town-573 103, Hassan District. ...APPELLANT

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(BY SRI. JAGADEESH H.T., ADVOCATE)

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AND

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Sri. Ganesh K.D. S/o Devendra Shetty, Major, R/at Kurugangi Village and Post, Chikamagalur Taluk and District – 577 101.

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The Manager, Oriental Insurance Co. Ltd., Nag Niraml Complex, Basavanahalli Main Road,

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P.B. No.68, Chikmagaluru-577 101, Represented by The Oriental Insurance Co. Ltd., 1^st Floor, S.S. Complex, Subhash Circle, Hassan-573 201. …RESPONDENTS

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(BY SRI. K. POORNABODHA RAO, ADVOCATE FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2019 PASSED IN MVC NO.1918/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, ARSIKERE, 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 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

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has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh 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 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

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memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/MEMBER

Rbv*

Sri. Siddesh N v. Sri. Ganesh. K. D.

Case brief

What is this about?

What did the court decide?

Sri. Siddesh N v. Sri. Ganesh. K. D.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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