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Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in

Provisions considered

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 HKV

Judgment

THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.888/2023 (MV) (Lok Adalat No.3680/2024) BETWEEN SHANKARAPPA NAIDU ALIAS SHANKARAPPA A S/O LATE ERAPPA NAIDU AGED ABOUT 75 YEARS R/AT NO.23/8, SEETHARAMAIAH LAYOUT YESHWANTHAPURA BENGALURU-560 022. (BY SRI. RAJASHEKHAR K., ADVOCATE) AND 1 . TATA AIG GENERAL INSURANCE COMPANY LTD., NO.69, JP AND DEVI JAMBUKESHWARA ARCADE, 2ND FLOOR, MILLERS ROAD BENGALURU-560 025. 2 . MRS RAFIA BANU MAJOR W/O MR. SHAIK MOHAMMED SHAFIULLA R/AT NO.27, 8TH CROSS MANORAYANA PALYA BENGALURU-560 032. (OWNER/INSURED) (BY SRI. LINGARAJ H S., ADVOCATE FOR R1) ... APPELLANT … RESPONDENTS 2 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.06.2022 PASSED IN MVC NO.3824/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 respondent/Insurance Company along with its representative are present.

#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned counsel appearing for the respondent- Insurance Company and its authorized officer is filed. The appellant/claimant agreed receive respondent/Insurance Company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh 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 3 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 favour of the appellant/claimant, 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 HKV

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

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.

Why is this linked?

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