Sri. Sureshnaik v. (By Sri. N.M. Handral, Advocate)
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of
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. 2846/2020 (MV) (Lok Adalat No. 1432/2024) BETWEEN: Sri. Sureshnaik S/o Ramanaik, The appellant Nos.1 to 3 are The LRs of Claimant No.1.
#3. Smt. Nagibai W/o Sureshnaik, Aged about 42 years, Occ: House wife. Kum. Sangeetha D/o Sureshnaik, Aged about 22 years, Occ: Student. Smt. Nagarathna D/o Sureshnaik, Aged about 20 years, Occ: Student. 2 All are R/o Mussenal Village, Honnali Taluk, Davanagere District, Now at Nittuvalli, Davanagere. (Note: The Claimant No.1 Suresh Naik died after the Judgment, the appellant Nos.1 To 3 are the LRs of Suresh Naik). ...APPELLANTS AND
#2. (By Sri. N.M. Handral, Advocate) Sri. Syed Zabiulla S/o Ashabi, Aged about 50 years, R/o Door No.4, Agrahara, Lingapura, Mandagadde Village, Thirthahalli Taluk, Shivamogga District-577 432. The Legal Claims Manager, Sriram General Ins. Co. Ltd., 1st Floor, V.A. Kalburgi Hallmark, Beside Indusland Bank, Desai Cross, Pinto Road, Hubli, Dharwad District-580 009. …RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2019 PASSED IN MVC NO.424/2018 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & JMFC AND VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION OF SEEKING COMPENSATION. ENHANCEMENT 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.9,50,000/- (Rupees Nine Lakhs Fifty 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
#4. In this appeal there are three claimants and if the enhanced compensation amount will be divided amongst the appellants / claimants, they will get lesser compensation. Hence, the entire shares of appellants / claimants shall be released in their favour, on proper identification.
#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
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.