Disposed

Anusha H E v. Jagadisha K

Karnataka HC1 Mar 2024MFA/6662/2021

Case brief

AI extract

What is this about?

Lok Adalat settlement of a motor accident compensation enhancement appeal. The claimant and the insurer agreed to an additional lump sum of Rs.70,000 over the Tribunal award, with interest on default; appeal disposed of per joint memo, Tribunal award modified.

What did the court decide?

Enhanced compensation of Rs.70,000 payable by insurer in addition to Tribunal award, with 9% p.a. interest on delayed deposit.

Anusha H E Vs Jagadisha K — 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 1^ST DAY OF MARCH 2024

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CONCILIATORS PRESENT:

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

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SRI. P.D. SUBRAMANYA, MEMBER

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M.F.A.No. 6662/2021 (MV) (Lok Adalat No. 1196/2024)

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BETWEEN:

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Anusha H.E. D/o Eshwara H.R., Aged about 21 years, Student, R/o LIG-183, ‘C’ Block, Kallahalli, Vinobhanagara, Shivamogga. ...APPELLANT

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(By Sri. M.V. Maheshwarappa, Advocate)

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AND

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Jagadisha K. S/o P. Krishnamurthy, Aged about 38 years, R/at Bhandra Colony, 1^st Cross, Hospital Quarters, Bhadravathi – 577 201.

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The Duly Constituted Attorney, United India Insurance Co. Ltd., Micro Office, Saraff Complex,

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Sir M.V. Road, Tilaknagar, Shivamogga City – 577 201. …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 22.11.2019 PASSED IN MVC NO.301/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDL. MACTVI, SHIVAMOGGA, 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 has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy 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

Anusha H E v. Jagadisha K

Case brief

What is this about?

What did the court decide?

Anusha H E v. Jagadisha K

Case brief

What is this about?

What did the court decide?

What the court decided

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