Disposed

Boregowda @ Boraiah v. Ganesha M a

Karnataka HC15 Mar 2024MFA/7391/2022

Case brief

AI extract

What is this about?

The Lok Adalat settled a miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act regarding motor accident compensation. Parties agreed to an enhanced lump-sum payment of Rs. 1,80,000, with the Tribunal award to be modified accordingly.

What did the court decide?

Enhanced compensation of Rs. 1,80,000 agreed to be paid by Insurance Company with interest on default; Tribunal award modified.

Boregowda @ Boraiah Vs Ganesha M a — 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. 7391/2022 (MV)

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(Lok Adalat No. 1479/2024)

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BETWEEN

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BOREGOWDA @ BORAIAH S/O RANGAPPA NOW AGED ABOUT 41 YEARS

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R/AT HANUMANEHALLI CHELUR HOBLI, GUBBI TALUK NOW RA/T MALLASANDRA KASABA HOBLI

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TUMAURU TALUK.

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...Appellant

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(BY SRI. RAGHU R, ADVOCATE)

AND

1 . GANESHA M A

S/O ASHWATHAPPA E

AGED ABOUT 28 YEARS

R/AT MERUVAPALLI VILLAGE

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MITTEMARI POST

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BAGEPALLI TALUK

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CHIKKABALLAPURA DISTRICT-563125

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(RC OWNER OF THE MOTOR BIKE NO KA 40-W-6084)

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2 . MANJUNATHA NOW AGED ABOUT 43 YEARS R/AT KANAPMAPALLI VILLAGE MITTEMARI POST CHINTAMANI TALUK CHIKKABALLAUPRA DISTRICT 563125 (POLICY HOLDER OF THE VEHICLE)

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3 . THE BRANCH MANAGER UNITED INDIA INS CO LTD I FLOOR OPP NANJUNDESHWAR HOTEL B H ROAD, NEAR TOWN HALL TUMAKURU CITY 572101

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…Respondents (BY SRI. B S KRISHNA, ADVOCATE FOR R-3)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 10.08.2022, PASSED IN MVC NO.1174/2019, ON THE FILE OF THE VI-ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU, 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 Rs.1,80,000/- (Rupees One Lakh Eighty 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

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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

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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

Boregowda @ Boraiah v. Ganesha M a

Case brief

What is this about?

What did the court decide?

Boregowda @ Boraiah v. Ganesha M a

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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