Disposed

Smt Roopa v. Sri Purushotham B S

Karnataka HC7 Mar 2024MFA/1455/2022

Case brief

AI extract

What is this about?

Motor accident claim appeal seeking enhancement of Tribunal-awarded compensation was settled before the Lok Adalat for an additional lump sum of Rs.4,90,000/- payable by the insurer, with directions on apportionment and deposit of the minor's share.

What did the court decide?

Enhanced compensation of Rs.4,90,000/- from the insurer, deposited within six weeks or carrying 9% interest per annum thereafter.

Smt Roopa Vs Sri Purushotham B S — Motor Accident Claims | Karnataka HC (2024)

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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 7^TH DAY OF MARCH 2024

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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. 1455/2022 (MV) (Lok Adalat No. 1416/2024)

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BETWEEN:

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Smt. Roopa W/o Late Swamygowda, Aged about 29 years.

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Kum. Bhargavi D/o Late Swamygowda, Aged about 4 years.

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Since minor represented by mother Guardian/appellant No.1.

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Appellants No.1 & 2 are Residents of Thogarahalli Village, Alur Taluk, Hassan District. At present R/at Anniganahalli Village, Kasaba Hobli, Arakalagud Taluk, Hassan District-573 102. ...APPELLANTS (By Sri. Sanchan Jainandan, Advocate)

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AND

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Sri. Purushotham B.S. S/o Somashekara B.S., Aged about Major, R/at No.21, Bachanahalli, Alur Taluk, Hassan District-573 214.

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The Manager, National Insurance Co. Ltd., Hassan Division, 1^st Floor, Sri. Manjunatha Complex, Old Bus Stand Road, Hassan Town, Hassan District-573 201.

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Sri. Nagaraj H.J. S/o Late Javaregowda, Honnenahalli Village, Kunduru Post, Alur Taluk, Hassan District-573 213.

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Sri. Ramegowda S/o Late Kullegowda, Thogarahalli Village, Alur Taluk, hassan Dist.-573 213. …RESPONDENTS

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(By Sri. A.M. Venkatesh, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2020 PASSED IN MVC NO.434/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, 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 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.4,90,000/- (Rupees Four Lakhs Ninety Thousand only), in addition to

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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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In this appeal there are three claimants and if the enhanced compensation amount will be divided amongst the appellants / claimants as per the apportionment made by the Claims Tribunal, they will get lesser amount. Hence, the entire shares of appellant Nos.1 and respondent No.4 shall be released in their favour, on proper identification. The entire shares of minor appellant No.2 shall be invested in fixed deposit in her name in any Nationalized / Scheduled Bank till she attains majority with liberty to the minor guardian to withdraw the accrued interest periodically.

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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 Roopa v. Sri Purushotham B S

Case brief

What is this about?

What did the court decide?

Smt Roopa v. Sri Purushotham B S

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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