Disposed

Kumara Aradhya v. H Venkatesh Prasad

Karnataka HC10 Nov 2023MFA/648/2023

Case brief

AI extract

What is this about?

Lok Adalat conciliator settled a Miscellaneous First Appeal challenging a Motor Accident Claims Tribunal award. Parties agreed to a lump sum of Rs. 40,000 in addition to the awarded amount, with the insurance company to pay within six weeks.

What did the court decide?

Insurance company to pay Rs. 40,000 as additional compensation within six weeks; judgmetn and award modified accordingly.

Kumara Aradhya Vs H Venkatesh Prasad — 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 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. 648/2023 (MV)

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(Lok Adalat No. 2146/2023)

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BETWEEN:

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Kumara Aradhya S/o Chandra Aradya, Aged about 38 years, R/a C/o Shankara Aradya, 1341/1, Shivarampet, Vinobha Road, North 4^th Cross, Mysuru – 570 001. ...APPELLANT

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(BY SRI. SYED ABDUL SABOOR, ADVOCATE)

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AND

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H. Venkatesh Prasad S/o Honnegowda, Major, R/at 2130, 8^th Cross, K Block, Kuvempunagara, Mysuru-570 023.

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Syed Usman S/o Syed Hussain, R/at 2038, M.H. Road, Mandi Mohalla, Mysuru-570 001.

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The Manager, Oriental Insurance Co. Ltd., PB 210, D. No.618, Chamaraja Double Road, Mysuru. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2022 PASSED IN MVC NO.1565/2010 ON THE FILE OF THE VTH ADDL. DISTRICT JUDGE AND MACT, MYSURU, 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

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has agreed to pay a lump-sum of Rs. 40,000/- (Rupees Forty Thousand 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.

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Sd/JUDGE

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Sd/MEMBER

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Rbv*

Kumara Aradhya v. H Venkatesh Prasad

Case brief

What is this about?

What did the court decide?

Kumara Aradhya v. H Venkatesh Prasad

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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