Nagamani K. B v. Ramachandraiah
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 MCR
Judgment
SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 1148/2024 (MV) (Lok Adalat No. 2249/2024) BETWEEN: 1 . Nagamani K. B., W/o Late Gangadara S. A., Aged about 37 years,
#4. Likitha G., D/o Late Gangadhara S. A., Age about 13 years, Hemashri G., D/o Late Gangadhara S. A., Aged about 11 years, Appellants 2 and 3 are minors - Rep. by Natural Guardian Mother Smt. Nagamani K.B., 1st Appellant. Adavappa, S/o. Doddeeraiah, Aged about 77 years,
#5. Mangalamma, W/o Adavappa, 2 Aged about 62 years, All are residing at: Siddapura Gate (at and post), Kasaba Hobli, Madhugiri Taluk. (By Sri. Sathisha T., Advocate) AND 1 . Ramachandraiah, S/o Rangappa, Aged about 42 years, R/o K Harivesandra Hindikere, Kasaba Hobli, Gubbi Taluk, Tumakuru District. ...APPELLANTS
#2. The Manager, Shriram General Insurance Company Ltd., S.V. Arcade, No.3/5, 3rd Floor, Bilekahalli Road, Bannerghatta Road, Bengaluru-560076. ...RESPONDENTS (By Sri. Pradeep B., Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2023 PASSED IN MVC NO. 343/2022 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT, MADHUGIRI, 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. 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.5,10,000/- (Rupees Five Lakh Ten 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. Since appellants No.2 and 3 are minor, their share of the enhanced compensation amount shall be kept in Fixed Deposit in their name in any Nationalized / Scheduled Bank till they attain the age of majority with liberty to the minor guardian to withdraw the accrued interest periodically and remaining share of enhanced compensation amount of other appellants shall be released 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 MCR
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.