Disposed

Abhishek H K v. Shivaraj Shankaramurthy

Karnataka HC20 Feb 2024MFA/265/2024

Case brief

AI extract

What is this about?

A Lok Adalat conciliation of a motor accident compensation enhancement appeal. The claimant and insurer settled for an additional Rs.40,000 over the Tribunal award, deposited within six weeks or carrying 9% interest; the appeal was disposed of per the joint memo.

What did the court decide?

Enhanced lump-sum of Rs.40,000 payable by the insurer in addition to the Tribunal award, released to the claimant on identification.

Abhishek H K Vs Shivaraj Shankaramurthy — 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 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. 265/2024 (MV) (Lok Adalat No. 848/2024)

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BETWEEN:

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Abhishek H.K. S/o Kariyappa, Aged about 44 years, R/at 9^th Cross, Near Ambedkar Bhavan, Gandhinagar, Mandya Town,

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Now R/at Govt. Hospital Quarters, Kollegala Town, Chamarajanagara District-571 441. ...APPELLANT

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(By Sri. M.Y. Sreenivasan, Advocate)

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AND

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Shivaraj Shankaramurthy S/o Shivamurthy, Major, R/at Kamaravadi Village, Chamarajanagar District-571 441.

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The Branch Manager, Oriental Insurance Co. Ltd., Girish Complex, 1^st Floor,

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Agrahara Street, Chamarajanagar-571 441. …RESPONDENTS

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(By Sri. Janardhan Reddy, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2023 PASSED IN MVC NO.15/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, KOLLEGALA, 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

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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

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has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand only), in

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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 entire enhanced compensation amount shall be released in favour of 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

Abhishek H K v. Shivaraj Shankaramurthy

Case brief

What is this about?

What did the court decide?

Abhishek H K v. Shivaraj Shankaramurthy

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

Coram

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