Smt. Gamamma v. Suresh
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. 1553/2022 (MV) (Lok Adalat No. 1198/2024) BETWEEN: 1. Smt. Gamamma W/o Late Shivappa, Aged about 56 years.
#4. Smt. Manjamma W/o Late Shivappa, Aged about 51 years. Rajashekhar S/o Late Shivappa, Aged about 23 years. Arun S. S/o Late Shivappa, Aged about 19 years. All are r/at Nandikere Village, Ullur Post, Sagar Taluk-577 412, Shivamogga District. ...APPELLANTS (By Sri. G. Lakshmeesh Rao, Advocate) 2 AND
#3. Suresh S/o Late Prabakar, Aged about 29 years, Driver of the Bike, Kedalasara, Amatekoppa Village, Sagar Taluk-577 412, Shivamogga District. Chandra S/o Late Narasimha, Aged about 47 years, Gajanana Bus Driver, Owner of the Bike, Kerekoppa, Bheemanakone Village, Sagar Taluk-577 412, Shivamogga District. The Manager, United India Insurance Co. Ltd., 2nd Floor, Govinda Krupa, J.C. Road, Sagar-577 412, Shivamogga District. …RESPONDENTS (By Sri. C. Shankara Reddy, Advocate for R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2020 PASSED IN MVC NO.418/2018 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND 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. 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.2,73,000/- (Rupees Two Lakhs Seventy Three 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of 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.