Disposed

Sathish v. Nagesh M Naik

Karnataka HC1 Mar 2024MFA/334/2022

Case brief

AI extract

What is this about?

Motor accident claimant appealed for enhancement of Tribunal award. Before Lok Adalat, parties settled: insurer agreed to pay Rs.1,70,000 in addition to the awarded amount, with interest at 9% p.a. on default. Appeal disposed of in terms of joint memo; Tribunal judgment modified.

What did the court decide?

Rs.1,70,000 additional compensation payable by insurer within six weeks, with 9% p.a. interest on default; Tribunal judgment modified accordingly.

Sathish Vs Nagesh M Naik — Motor Accident Claims | Karnataka HC (2024)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 1^ST DAY OF MARCH 2024

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA

¶7

¶8

SRI. P.D. SUBRAMANYA, MEMBER

¶9

M.F.A.No. 334/2022 (MV) (Lok Adalat No. 1191/2024)

¶10

BETWEEN:

¶11

Sathish

¶12

S/o Late Ananda Bhangera, Aged about 52 years, R/at Puthran Nivasa, Kaipunjalu, Uliyaragoli Village, Kapu Post and Taluk, Udupi District-574 106. ...APPELLANT (By Sri. Pratheep K.C., Advocate)

¶13

AND

¶14

Nagesh M. Naik S/o Masti Naik, Aged about 37 years, R/at Uruli Mane, Murukeri, Kaikini Village and Post, Bhatkal, Uttara District – 581 421.

¶15

The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, Jewel Plaza,

¶16

¶17

1^st Floor, Maruthi Veethika, Udupi – 576 201. …RESPONDENTS

¶18

(By Sri. S. Krishna Kishore, Advocate for R-2)

¶19

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2021 PASSED IN MVC NO.636/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶20

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

¶21

CONCILIATION ORDER

¶22

The learned Counsel appearing for the Appellant - Claimant is present.

¶23

The learned Counsel appearing for the Respondent – Insurance Company

¶24

along with its representative are present.

¶25

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.1,70,000/- (Rupees One Lakh Seventy

¶26

¶27

Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

¶28

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.

¶29

The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.

¶30

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

¶31

memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

¶32

Sd/JUDGE

¶33

Sd/MEMBER

¶34

Rbv

Sathish v. Nagesh M Naik

Case brief

What is this about?

What did the court decide?

Sathish v. Nagesh M Naik

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

Case details

Similar cases

The Divisional Controller Vs Sri Bhemappa Valikar

Gopashetty Vs the Divisional Controller

Karnataka State Road Transport Corporation Vs G Srinivasareddy

Smt Sharadamma Vs Sathish S M

Anusha H E Vs Jagadisha K

Prashanth Vs N Srinivasulu