Smt. Sharadamma v. United India Insurance Co. Ltd
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. 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
Judgment
SRI. P.D. SUBRAMANYA, MEMBER M.F.A.No. 75/2023 (MV) (Lok Adalat No. 1197/2024) BETWEEN: 1. Smt. Sharadamma W/o Late Mohana, Aged about 42 years, Resident of Sangananakere, Hercharaka Village, Gowthamapura Village, Sagara Taluk, Shimogga District-577 206.
#2. Ruchith Kumar H.M. S/o Late Mohana, Aged about 24 years, Resident of Sangananakere, Hercharaka Village, Gowthamapura Village, Sagara Taluk, Shimogga District-577 206.
#3. Pallavi H.M. D/o Late Mohana, 2 Aged about 23 years, Resident of Sangananakere, Hercharaka Village, Gowthamapura Village, Sagara Taluk, Shimoga District-577 206. Smt. Manjamma W/o Late Huchappa, Aged about 67 years, Resident of Sangananakere, Hercharaka Village, Gowthamapura Village, Sagara Taluk, Shimoga District-577 206. ...APPELLANTS (By Sri. Ganapathi, Advocate) Sathish S.M. S/o Maya Shetty Gowda, Major by age, Resident of NMC Main Road, Left Side, Hosamane, Bhadravathi, Now residing at 6th Cross, Central Library, Shimogga – 577 201.
#4. AND
#2. United India Insurance Co. Ltd., B.H. Road, Shivamogga-577 201, By its Manager. …RESPONDENTS (By Sri. C. Shankara Reddy, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2021 PASSED IN MVC NO.385/2020 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM & 3 ADDL. MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.1,00,000/- (Rupees One Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
#3. The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of 4 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.
#4. The entire enhanced compensation amount shall be released in favour of the appellants / claimants in terms of the apportionment made in the Judgment and Award passed by the Claims Tribunal.
#5. 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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This Miscellaneous First Appeal stands disposed of in terms of the Joint
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.