BASAVARAJEGOWDA v. S.D KRISHNEGOWDA
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms
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 SN
Judgment
THE HON’BLE MR. JUSTICE H.P. SANDESH & SMT. P.V. KALPANA, MEMBER M.F.A.No.752/2024 (MV) (Lok Adalat No.3408/2024) BETWEEN BASAVARAJEGOWDA S/O LATE AJJEGOWDA, AGED ABOUT 55 YEARS, R/O GOLENAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK-573128. (BY SRI RAVI M.M., ADVOCATE) AND 1 . S.D KRISHNEGOWDA S/O DYAVEGOWDA, AGE MAJOR, R/AT 5TH CROSS, HUNASINAKERE ROAD, HASSAN-573201 ...APPELLANT 2 (OWNER OF VEHICLE BEARING REG NO.KA-13-C-6270 MAHINDRA GOODS AUTO) 2 . RELIANCE GENERAL INSURANCE CO LTD 1ST FLOOR, KRUTHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN-573201 REP. BY ITS MANAGER, (INSURANCE POLICY NO. 705722123340001000) (POLICY VALID FROM 07-05-2021 TO 06/05/2022) (BY SRI B PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS D/W V/O DT.02.04.2024) …..RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.11.2023 PASSED IN MVC NO.605/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 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 learned advocate appearing 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.1,80,000/- (Rupees One Lakh Eighty 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 entire enhanced compensation amount shall be released in 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 SN
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
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.