Anusuya v. K.S. Kusuma
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
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. K.T. PREMALATHA, MEMBER M.F.A.No. 187/2023 (MV) (Lok Adalat No. 845/2024) BETWEEN:
#3. Anusuya W/o Kariyappa, Aged about 43 years. Kariyappa S/o Narasappa, Aged about 45 years. C.K. Usharani D/o Kaariyappa, Aged about 17 years. The appellant No.3 is minor Rep. by her mother 1st Appellant as natural guardian. All the appellants are old Residents of Chakkuvalli Palya, Hadavanahalli Post, Ammasandra, Turuvekere Taluk-572 227. Now all the appellants are Present residents of Sathyamangala 2 Village, Kasaba Hobli, Tumakuru Taluk and Dist.-572 101. ...APPELLANTS (By Sri. M.B. Ryakha, Advocate) AND
#1. K.S. Kusuma, D/o Shettalaiah, Aged about 38 years, R/at Kallur Village, Kadaba Hobli, Gubbi Taluk, Tumakuru District – 572 101.
#2. The Manager, United India Insurance Co. Ltd., Office at 10/4, Mithra Towers, Kasturabha Road, Bangalore – 560 001. Service address: The Manager, United India Insurance Co. Ltd., B.H. Road, Tumkur-572 101. …RESPONDENTS (By Sri. Ravish Benni, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 22.01.2024) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2021 PASSED IN MVC NO.1011/2019 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION ENHANCEMENT OF SEEKING COMPENSATION. AND THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 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.12,04,000/- (Rupees Twelve Lakhs Four Thousand 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 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. There are three claimants in the above appeal and out of them one was minor and now attained majority. In view of the same, the entire shares of 4 appellants - claimants shall be released in their favour, on proper identification in terms of the apportionment made 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.