Disposed

Smt.Rajeshwari v. K.S.Kusuma

Karnataka HC20 Feb 2024MFA/188/2023

Case brief

AI extract

What is this about?

Claimants' appeal seeking enhancement of motor-accident compensation was settled before Lok Adalat; insurer agreed to pay an additional Rs.12,04,000 over the Tribunal award, with interest at 9% p.a. on default, and shares to be released per the Tribunal's apportionment.

What did the court decide?

Rs.12,04,000 additional compensation payable by insurer within six weeks, else 9% p.a. interest from default date; appeal disposed in terms of joint memo.

Smt.Rajeshwari Vs K.S.Kusuma — 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 DATED THIS THE 20^TH 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. K.T. PREMALATHA, MEMBER

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M.F.A.No. 188/2023 (MV) (Lok Adalat No. 846/2024)

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BETWEEN:

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Smt. Rajeshwari W/o Thopaiah, Aged about 48 years.

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Thopaiah S/o Shivanna, Aged about 51 years.

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Ramya H.T. D/o Thopaiah, W/o Nagaraju B.R., Aged about 28 years, R/at Kenchanahalli, Henachakallu, Huliyurdurga Hobli, Kunigal Taluk-572 130.

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H.T. Divya D/o Thopaiah, Aged about 26 years, R/at No.2, 1^st Main, N.S. Palya, Bannerghatta

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Road, Bangalore South, Bangalore – 560 008.

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The appellants No.1 and 2 are Old Residents of Haridasanahalli Village, Neeragunda Post, Turuvekere Taluk and District -572 227. Now all the appellants are Present residents of Sira Gate, Kasaba Hobli, Tumakuru Town, Tumkur Taluk and Dist.-572 101. ...APPELLANTS (By Sri. M.B. Ryakha, Advocate) AND

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K.S. Kusuma, D/o Shettalaiah, Aged about 38 years, R/at Kallur Village, Kadaba Hobli, Gubbi Taluk, Tumkur District – 572 101.

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The Manager, United India Insurance Co. Ltd., Office at 10/4, Mithra Towers, Kasturabha Road, Bangalore – 560 001. Service address: The Manager, United India Insurance Co. Ltd., B.H. Road, Tumkur-572 101. …RESPONDENTS

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(By Sri. Ravish Benni, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2021 PASSED IN MVC NO.1010/2019 ON

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THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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. 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 respondentInsurance Company has agreed to pay a lump-sum of Rs.12,04,000/- (Rupees Twelve Lakhs Four 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

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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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There are four claimants in the above appeal and in view of the same,

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the entire shares of appellants - claimants shall be released in their favour, on proper identification in terms of the apportionment made by the Claims Tribunal.

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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.Rajeshwari v. K.S.Kusuma

Case brief

What is this about?

What did the court decide?

Smt.Rajeshwari v. K.S.Kusuma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

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