Disposed

Smt Shaik Kaligar Shahin Taj v. Shriram General Insurance Company Ltd.

Karnataka HC20 Jun 2023MFA/975/2023

Case brief

AI extract

What is this about?

In a motor accident claims appeal filed under Section 173(1) of the MV Act, the High Court Legal Services Committee Lok Adalat settled the dispute after prolonged negotiations. The court ordered the insurance company to pay an additional Rs. 4,40,000/- as lump-sum compensation.

What did the court decide?

Agreement to pay Rs. 4,40,000/- as enhanced compensation within six weeks with 9% interest on default.

Smt Shaik Kaligar Shahin Taj Vs Shriram… — 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 20^TH 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. 975/2023 (MV) (Lok Adalat No.1577/2023)

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BETWEEN

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SMT SHAIK KALIGAR SHAHIN TAJ W/O SHAIK KALIGAR MADAAR BASHA NOW AGED ABOUT 39 YEARS, NO.10/516, TINKAR STREET MUNDY BAZAAR, KADIRI ANANTAPUR - 515591 ANDHRA PRADESH PRESENT ADDRESS. NO.8, 5TH MAIN, 1ST CROSS MUSLIM COLONY, BYRASANDRA BENGALURU – 560011.

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...Appellant

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(By Sri. GIRIMALLAIAH, ADVOCATE)

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AND

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SHRIRAM GENERAL INSURANCE COMPANY LTD NO.5/4, 3RD FLOOR, S.V. ARCADE BELEKAHALLI MAIN ROAD BILEKAHALLI, B.G. ROAD, IIM POST BENGALURU - 560078 BY ITS MANAGER.

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SRI. SREENATH REDDY P S/O RAJA REDDY P MAJOR, (AGE R-2 NOT KNOWN TO APPELLANT), NO.9-99, MOTUKUPALLI VILLAGE AND POST KADDRI MANDALAM ANANTAPUR DISTRICT ANDHRA PRADESH – 515591.

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…Respondents

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(By Sri. PRADEEP B, ADVOCATE FOR R1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.11.2022 PASSED IN MVC NO. 1974/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, 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 has agreed to pay a lump-sum of Rs. 4,40,000/- (Rupees Four Lakhs 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.

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from the date of default, till the date of deposit.

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The apportionment, deposit and release of the enhanced compensation

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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 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

Smt Shaik Kaligar Shahin Taj v. Shriram General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Smt Shaik Kaligar Shahin Taj v. Shriram General Insurance Company Ltd.

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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