Disposed

Mr. D. R. Lokesh v. M/S New India Assurance Co. Ltd.

Karnataka HC6 Feb 2024MFA/6896/2018

Case brief

AI extract

What is this about?

Motor accident claimant's appeal seeking enhancement of compensation was settled before the Lok Adalat. The insurance company agreed to pay Rs. 1,85,000/- over the Tribunal award, depositable within six weeks, failing which interest at 9% p.a. applies.

What did the court decide?

Enhanced compensation of Rs. 1,85,000/- payable by insurer to appellant-claimant, in addition to Tribunal award, per joint memo.

Mr. D. R. Lokesh Vs M/S New India Assurance Co. Ltd. — 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 06^TH DAY OF FEBRUARY 2024

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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SMT. K.T. PREMALATHA, MEMBER

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M.F.A.No. 6896/2018 (MV) (Lok Adalat No. 373/2024)

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BETWEEN:

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Mr. D.R. Lokesh

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S/o Late Ramachandrappa, Aged about 42 years, Residing at Alur Duddana Halli Village and Post, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District-562 110. ...APPELLANT

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(By Sri. B.P. Nagaraju, Advocate)

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AND:

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M/s. New India Assurance Co. Ltd., Br. Code-672102, No.19/4, Saranchal Arcade, 1^st Floor, Dinnur Main Road, R.T. Nagar, Bangalore – 560 032, (Insurer of vehicle MH-07/3904), Represented by its Manager.

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Sri. Lokesh H.

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S/o Hanumantharayappa, K.B. No.1149, G.C. Circle, Behind Jain Temple, 1^st Ward, Doddaballapura-561 203. …RESPONDENTS

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(By Sri. S. Krishna Kishore, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 14.02.2019)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.05.2018 PASSED IN MVC NO. 515/2014 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, DEVANAHALLI, 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 along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed

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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.1,85,000/- (Rupees One Lakh Eighty Five 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 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.

Sd/JUDGE

Sd/-

MEMBER

Rbv

Mr. D. R. Lokesh v. M/S New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. D. R. Lokesh v. M/S New India Assurance Co. Ltd.

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

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