Disposed

Sri. Anbalagan v. the Manager

Karnataka HC15 Mar 2024MFA/64/2023

Case brief

AI extract

What is this about?

A miscellaneous first appeal under the Motor Vehicles Act was settled through conciliation in a Lok Adalat. The insurance company agreed to pay an enhanced lump-sum compensation of Rs. 1,75,000 along with interest on default, modifying the original tribunal award.

What did the court decide?

Agreement for payment of enhanced compensation of Rs. 1,75,000 plus interest at 9% p.a. on default if not deposited within six weeks.

Sri. Anbalagan Vs the Manager — 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 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. 64/2023 (MV) (Lok Adalat No. 1611/2024)

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BETWEEN:

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Sri. Anbalagan S/o Late Muni Krishnan, Aged about 46 years, No.6/32B, 2^nd Cross, 2^nd Block, Rajajinagar, Bangalore – 560 010. ...APPELLANT (By Sri. G.K. Yogesh, Advocate)

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AND

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The Manager, The Oriental Insurance Co. Ltd., Regional Office, No.44, 45, Leo Shopping Complex, Residency Road Cross, M.G. Road, Bengaluru-560 001.

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Sri. R. Venkatesh S/o Rudrappa, No.52, 4^th Cross, Telcom Layout, K.P. Agrahara,

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Magadi Road, Bangalore – 560 023. …RESPONDENTS

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(By Sri. C. Shankara Reddy, Advocate for R-1)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2022 PASSED IN MVC NO.1421/2020 ON THE FILE OF THE X ADDL. JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT (SCCH-16), BENGALURU, 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. 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

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Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only), in addition

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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

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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.

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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 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

Sri. Anbalagan v. the Manager

Case brief

What is this about?

What did the court decide?

Sri. Anbalagan v. the Manager

Case brief

What is this about?

What did the court decide?

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