Allowed

Sri. Siddappa v. Sri. Kantharaj

Karnataka HC1 Jun 2023MFA/7114/2017

Case brief

AI extract

What is this about?

The Karnataka High Court Lok Adalat disposed of a miscellaneous first appeal concerning a motor vehicle accident compensation. The court approved an out-of-court settlement between the appellant owner and respondent claimants for Rs.6,65,475/-, ordered the modification of the tribunal's award and the release of statutory deposits to the appellant.

What did the court decide?

Modified the Tribunal's Judgment and Award; released statutory deposit to appellant via e-payment/RTGS.

Sri. Siddappa Vs Sri. Kantharaj — Execution and Attachment | 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 1^st DAY OF JUNE 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR &

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MS. M.R. RASHMI, MEMBER

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M.F.A.No. 7114/2017 (MV) (Lok Adalat No. 1144/2023)

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BETWEEN

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Sri. Siddappa S/o Revana Siddappa, Aged about 35 years, R/o Gondabal Village-583 231, Koppal Taluk and District. ...APPELLANT

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(By Sri. N.R. Rangegowda, Advocate)

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AND

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1 . Sri. Kantharaj S/o Veerabhadrappa, Aged about 57 years.

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Kavitha D/o Kantharaj, Aged about 34 years.

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Nethravathi D/o Kantharaj, Aged about 32 years.

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Roopa D/o Kantharaj, Aged about 30 years.

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All are residing at Haleyalanadu Village, Hiriyur Taluk, Chitradurga District – 572 218.

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The Reliance General Insurance Co. Ltd., Maganoor Complex, Near A.P.M.C., B.D. Road, Chitradurga – 577 201. RESPONDENTS

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(By Sri. : B.R. Guruprasad, Advocate for R-1 to R-4, Sri. D. Vijayakumar, Advocate for R-5)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2017 PASSED IN MVC NO. 207/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND ADDL. MACT, HIRIYUR, AWARDING COMPENSATION OF RS.6,65,475/WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT NO.1 ONLY AND SEEKING FOR SETTING ASIDE THE SAME.

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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 – Owner and the

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appellant are present. The learned Counsel appearing for the Respondents – claimants along with their representative are present.

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The Learned Counsel appearing for the appellant – owner and the respondent Nos.1 to 4 – claimants have filed a Memo dated 01.06.2023 duly signed by both the parties stating that the appellant and respondent Nos.1 to 4 have settled the above matter amicably out of Court for a lump-sum of Rs.6,65,475/-. Further, it is stated that the appellant – owner has already handed over a Cheque bearing No.106305 dated 30.05.2023 for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) and also cash of Rs.1,65,475/- (Rupees

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One Lakh Sixty Five Thousand Four Hundred Seventy Five only) to the respondent Nos. 1 to 4 – claimants. The respondent Nos.1 to 4 – claimants have acknowledged the same for having received the same. In terms of the same both the parties have filed memo signed by the learned advocate appearing for the appellant/owner and the learned advocate appearing for the respondents-claimants and the claimants and settled the matter in full and final settlement of the claim.

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In terms of the Memo dated 01.06.2023, this Miscellaneous First Appeal stands disposed of. The Judgment and Award of the Tribunal shall stand modified accordingly. The Statutory deposit if any, deposited before this Court shall be released in favour of the appellant – owner through e- payment/RTGS.

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Draw up the Award accordingly.

Sd/-

JUDGE

Sd/MEMBER

Rbv

Sri. Siddappa v. Sri. Kantharaj

Case brief

What is this about?

What did the court decide?

Sri. Siddappa v. Sri. Kantharaj

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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