Disposed

Smt. Syamala @ Shamala v. New India Assurance Company Ltd.

Karnataka HC2 Feb 2024MFA/1517/2023

Case brief

AI extract

What is this about?

Claimants in a fatal road accident appeal sought enhancement of Tribunal compensation against the insurer and driver. Before Lok Adalat the parties settled; insurer agreed to pay Rs. 6,70,000/- additionally in full and final settlement, and the appeal was disposed of on that basis.

What did the court decide?

Enhanced compensation of Rs. 6,70,000/- payable by insurer per joint memo, apportioned as per Tribunal award; minors' shares invested in fixed deposits.

Smt. Syamala @ Shamala Vs New India Assurance… — 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 02^ND DAY OF FEBRUARY 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. PARINEETA S. CHANAL, MEMBER

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M.F.A.No. 1517/2023 (MV) (Lok Adalat No. 694/2024)

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BETWEEN:

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Smt. Syamala @ Shamala W/o Late Jagadish @ Jagadish Kambali, Aged about 30 years.

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Nirupadi S/o Late Jagadish @ Jagadish Kambali, Aged about 11 years.

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Jeevan S/o Late Jagadish @ Jagadish Kambali, Aged about 9 years.

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Sri. Shivappa @ Shivappa Kambali, S/o Siddappa Kambali, Aged about 71 years.

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Smt. Shekavva @ Shekaramma W/o Shivappa @ Shivappa Kambali, Aged about 56 years.

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Master Jagan S/o Late Jagadish @

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Jagadish Kambali, Aged about 6 years.

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Appellants No.2, 3 & 6 are minors and Represented through their natural Guardian mother, the appellant No.1 herein.

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All are R/o Tekkalki, Vanagere Post, Kushtagi Tq., Koppal Dist-583 277. ...APPELLANTS

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(By Sri. Guruprasad B.R., Advocate)

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AND:

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New India Assurance Co. Ltd., Local Office, 4^th Floor, Fortune Building, Opp. To Athena Hospital, Falnir, Mangaluru-575 001, Represented by its Manager.

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Mr. Mahadeva Prasad S. S/o Shivalinga M., Aged Major, R/o D. No.57,R.K. Lay Out, Kuppaluru, J.P. Nagar 3^rd Stage, Mysore – 570 008. …RESPONDENTS

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(By Sri. B.R. Venkatesh Kamath, Advocate for R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.02.2022 PASSED IN MVC NO. 242/2018 ON THE FILE OF THE MEMBER, MACT-III & II ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, 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.

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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 amicably. 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. 6,70,000/- (Rupees Six Lakhs Seventy Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted.

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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

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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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There are six claimants in the above appeal and out of them appellant Nos. 2, 3 and 6 are minors. The apportionment of the enhanced compensation shall be made in terms of the Judgment and Award passed by the Claims Tribunal. The entire shares of appellant Nos.1, 4 and 5 shall be released in their favour, on proper identification. The entire shares of minor appellant Nos.2, 3 and 6 shall be invested in fixed deposit in any Nationalized / Scheduled Bank in their names till they attain majority with liberty to guardian of the minor appellants to withdraw the accrued interest periodically.

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This Miscellaneous First Appeal stands disposed of in terms of the Joint

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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. Syamala @ Shamala v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Smt. Syamala @ Shamala v. New India Assurance Company Ltd.

Case brief

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