Partly allowed

Mr Mohammed Mukthiyar Pasha v. Mr Paramesh H

Karnataka HC10 Jan 2023MFA/8376/2016

Case brief

AI extract

What is this about?

In a motor vehicle accident miscellaneous first appeal, the High Court Legal Services Committee before the Lok Adalat recorded a joint settlement between the appellant claimant and the respondent insurance company. The parties agreed to Rs. 65,000/- as enhanced compensation, with the insurance company to deposit the amount within four weeks.

What did the court decide?

Agreement to pay an additional lump-sum of Rs. 65,000/- in full and final settlement of the claim.

Mr Mohammed Mukthiyar Pasha Vs Mr… — Contract and Commercial Disputes | 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 JANUARY 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. 8376/2016 (MV) (Lok Adalat No. 4/2023)

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BETWEEN

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Mr. Mohammed Mukthiyar Pasha S/o Mr. Jaffar Sab, Aged about 45 years, Artist and Stickering, 3^rd Cross, Neharu Nagar, Chikkamagaluru, Now residing at Pash Arts, Opposite Hondai Show Room, Uppalli Road, Chikkamagaluru.

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...APPELLANT

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(By Sri. K. Shashikanth Prasad, Advocate)

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AND

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1 . Mr. Paramesh H. S/o Mr. Hanumaiah, Aged about 48 years, Driver of Pick Up Van KA-18/9155, N.B. Colony, Ungadahalli, Tarikere-577 228, Chikkamagaluru District.

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Mr. Rangaswamy S/o Kariyappa, Aged about 37 years, Owner of Pick up van KA-18/9155, Dantaramakki, Chikkamagaluru – 577 101.

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Sri Ram General Insurance Co. Ltd., Represented by its Manager, Insurer of Pick Up Van KA-18/9155, Opposite Syndicate Bank, I.G. Road, Chikkamagaluru-577 101. RESPONDENTS

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(By Sri. : A.N. Krishna Swamy, Advocate for R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.07.2016 PASSED IN MVC NO. 564/2013 ON THE FILE OF THE II ADDL. DISTRICT JUDGE MACT, CHIKKMAGALUR, 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 has agreed to pay a lump-sum of Rs. 65,000/- (Rupees Sixty Five 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 four weeks from the date of receipt of copy of the 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 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

Mr Mohammed Mukthiyar Pasha v. Mr Paramesh H

Case brief

What is this about?

What did the court decide?

Mr Mohammed Mukthiyar Pasha v. Mr Paramesh H

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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