Allowed

Pradeep v. Satish Kumar

Karnataka HC15 Mar 2024MFA/17/2023

Case brief

AI extract

What is this about?

The Lok Adalat settled an appeal regarding a motor vehicle accident claim. The insurance company agreed to pay an enhanced lump sum compensation of Rs. 80,000 in addition to the Tribunal's award within six weeks, with 9% annual interest on delayed payment.

What did the court decide?

Respondent-Insurance Company to pay Rs.80,000 additional compensation plus interest at 9% p.a. if not deposited within six weeks.

Pradeep Vs Satish Kumar — Banking and Recovery | 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 15^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. 17/2023 (MV)

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(Lok Adalat No. 1484/2024)

BETWEEN

PRADEEP

S/O NANJUNDASWAMY

AGED ABOUT 39 YEARS

TATTEKERE VILLAGE

TATTEKERE POST,

HUNSUR TALUK,

MYSURU DISTRICT – 571 105.

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...Appellant

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(BY SRI. SYED ABDUL SABOOR, ADVOCATE)

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AND

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1 . SATISH KUMAR

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S/O LATE SANNATAMMEGOWDA

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AGED ABOUT 40 YEARS,

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R/AT 17/236,

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SUBHASH NAGARA, K R NAGARA TOWN 571602 MYSURU CIRCLE, AND PDO TATTEKERE GRAMA PANCHAYATH, TATTEKERE

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VILLAGE AND POST, HUNSUR TQ. MYSURU DISTRICT.

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2 . SRI. SRINIVASA B S

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S/O SOMEGOWDA, R/AT AGRAHARA VILLAGE, KATTEMARALAVADI POST, HUNSUR TQ, MYSURU DISTRICT.

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3 . THE MANAGER UNITED INDIA INSURANCE CO.LTD, NEW KANTHARAJ URS ROAD, BALLAL CIRCLE, MYSURU-570004.

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…Respondents

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(BY SRI. K NAGARAJAIAH, ADVOCATE FOR R-2, NOTICE TO R-1 & R-2 – D/W V.C.O. DATED 12.06.2023)

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MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.10.2022 PASSED IN MVC NO.767/2021 ON THE FILE OF THE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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.80,000/- (Rupees Eighty 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

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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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The entire enhanced compensation amount shall be released in favour of

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the appellant / claimant, on proper identification.

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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

Pradeep v. Satish Kumar

Case brief

What is this about?

What did the court decide?

Pradeep v. Satish Kumar

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

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