Disposed

Kariyappa v. B N Seetharam

Karnataka HC23 Jan 2024MFA/8971/2019

Case brief

AI extract

What is this about?

Motor accident claimant appealed seeking enhancement of Tribunal-awarded compensation. Before Lok Adalat, parties settled for Rs. 2,40,000 additional lump sum payable by the insurer within six weeks, failing which 9% interest applies. Appeal disposed of per joint memo; Tribunal award modified.

What did the court decide?

Enhanced compensation of Rs. 2,40,000 payable by insurer within six weeks, else with 9% p.a. interest; appeal disposed per joint memo; Tribunal award modified.

Kariyappa Vs B N Seetharam — 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 23^RD DAY OF JANUARY 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. 8971/2019 (MV)

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(Lok Adalat No. 1610/2023)

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BETWEEN

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Kariyappa S/o Rangappa, Aged about 42 years, Driver, R/o Dummi Village, Holalkere Taluk – 577 526. ...APPELLANT

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(By Sri. R. Shashidhara, Advocate)

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AND

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1 . B.N. Seetharam S/o B.S. Narayan, Aged about 52 years, R/at 23/1, 3^rd Cross, Sri Rampur, Bengaluru-01, Owner of vehicle bearing No.KA-01/AD-5635.

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The Divisional Manager, New India Assurance Co. Ltd., A.M. Arcade, Near

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Vidhyarthi Bhavan, C.G. Hospital Road, Davanagere – 577 001. RESPONDENTS

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(By Sri. S.V. Sudhakara Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 30.01.2023)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.06.2019 PASSED IN MVC NO. 245/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLALKERE, 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 has agreed to pay a lump-sum of Rs. 2,40,000/- (Rupees Two Lakhs Forty

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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 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.

Sd/-

JUDGE

Sd/MEMBER

Rbv

Kariyappa v. B N Seetharam

Case brief

What is this about?

What did the court decide?

Kariyappa v. B N Seetharam

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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