SMT. CHAITHANYA v. THE MANAGER
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed off in terms of the Joint
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.6736/2018 (MV) (Lok Adalat No.3623/2024) BETWEEN: 1 . SMT. CHAITHANYA AGED 27 YEARS W/O. SRINIVAS R/AT. NO.8, 12TH CROSS, SHIVAPURA MAIN ROAD, BANGALORE-58 PERMANENT ADDRESS: NO.5, KANDIKERE, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT ...APPELLANT (By Sri. YOGESHA G K, ADVOCATE) AND 1 . THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO.LTD NO.141, SRI SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN, EAST OF NGEF LAYOUT, 2 KASTURINAGAR, BENGALURU-16. 2 . SRI. B.R.PRADEEP S/O. RAJANARSIMHA MURTHY R/AT NO.10, 18TH MAIN, SIDDAGANGA EXTENSION, TUMKUR-572 102. …RESPONDENTS (By Sri. B. C. SHIVANNEGOWDA, ADVOCATE ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED17/02/2018, PASSED IN MVC NO.2181/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER, MACT, (SCCH-23), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA 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 3 appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.2,70,000/- (Rupees Two Lakhs Seventy Thousand), 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. 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 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.