MANTHAPPA N C @ v. MADHUSUDHAN K
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed off in terms of
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. This Miscellaneous First Appeal stands disposed off 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
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER M.F.A. No.638/2023 (MV-I) (Lok Adalat No.2008/2024) BETWEEN: MANTHAPPA N C @ N C MAHANTHAPPA S/O CHANNAPPA AGED ABOUT 63 YEARS R/O MADANAYAKANAHALLI VILLAGE CHITRADURGA - 577 502 (BY SRI. B PRAMOD, ADVOCATE) AND: 1 . MADHUSUDHAN K S/O KRISHNA REDDY OWNER OF MOTORCYCLE BEARING REG. NO.KA 16/EJ 8941 MADANAYAKANAHALLI VILLAGE CHITRADURGA TALUK - 577 502 2 . THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO BRANCH OFFICE SRI THIPPESWAMY ARCADE ...APPELLANT 2 1ST FLOOR, ABOVE BANK OF INDIA JCR EXTENSION MAIN ROAD CHITRADURGA TOWN - 577 501 (BY SRI. B.PRADEEP, ADVOCATE) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF INDIAN MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 19.10.2022 PASSED IN MVC NO.291/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT NO.V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER 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.
#2. 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.1,20,000/- (Rupees One Lakh Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3
#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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.
#5. This Miscellaneous First Appeal stands disposed off 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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This Miscellaneous First Appeal stands disposed off 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.