Allowed

Smt Varalakshmi T K v. Sri Ramakrishna

Karnataka HC5 Jun 2023MFA/6920/2022

Case brief

AI extract

What is this about?

Miscellaneous First Appeal under S. 173(1) of the Motor Vehicles Act filed for an order enhancing compensation awarded by the Claims Tribunal. A Lok Adalat settled the matter for a lump-sum of Rs. 10,65,000 as an add-on to the tribunal's award in full and final settlement.

What did the court decide?

Settlement of Rs. 10,65,000/- to be paid by the Respondent-Insurance Company in addition to the tribunal's award within six weeks, carrying 9% p.a. interest for default.

Smt Varalakshmi T K Vs Sri Ramakrishna — 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 AND

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MS. M.R. RASHMI, MEMBER

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M.F.A.No.6920/2022 (MV) (Lok Adalat No.1209/2023)

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BETWEEN:

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Smt. Varalakshmi T.K. W/o Ramanna, Aged about 47 years.

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Bhavyashree L.R. D/o Late Ramanna, Aged about 21 years.

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Both are residing at Lingasandra Village, Dodderi Hobli, Madhugiri Taluk,

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Now residing at Maruthi Circle, Garden Road, Tumakuru City. ...APPELLANTS

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(BY SRI. T. SATHISHA, ADVOCATE)

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AND:

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Sri. Ramakrishna S/o Late Chikkaramaiah, Aged about 57 years,

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R/at D.C. Bungalow, Opposite Sridevi Nursing College Road, Kanaka Nagara, Sira Road, Sira Gate, Tumakuru City – 572 101.

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The Manager, Bajaj Allianz General Insurance Co. Ltd., Branch Office, Golden Heights, 4^th Floor, No.1/2, 59^th ‘C’ Cross, 4^th ‘M’ Block, Rajajinagar, Bengaluru-560 010. …RESPONDENTS

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(BY SRI. P.B. RAJU, ADVOCATE FOR R-2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.02.2022 PASSED IN MVC NO.410/2020 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU, 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 Appellants - Claimants is

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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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.10,65,000/- (Rupees Ten Lakhs Sixty Five 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.

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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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

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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

Smt Varalakshmi T K v. Sri Ramakrishna

Case brief

What is this about?

What did the court decide?

Smt Varalakshmi T K v. Sri Ramakrishna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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