ANNAPPA POOJARY v. JANE LEWIS
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in
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 HKV
Judgment
THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.2042/2023 (MV) (Lok Adalat No.3516/2024) BETWEEN ANNAPPA POOJARY AGED ABOUT 65 YEARS, S/O LATE NANDI POOJARY, R/O BADA MANE, KARKADA VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT -576 213. (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) ... APPELLANT AND 1 . JANE LEWIS AGED ABOUT 37 YEARS, D/O VERONICA LEWIS, R/O HANGARKATTE, BALKUDRU VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT -576 213. 2 . DEVENDRA CHALAWADI AGED ABOUT 27 YEARS, S/O VITHTHAL CHALAWADI, AT POST KALAVAGI, BASAVANA BAGEVADI, VIJAYAPURA DISTRICT-586 203. 2 3 . TATA AIG GENERAL INSURANCE CO. LTD. 3RD FLOOR, RAJ TOWERS, BALMATTA ROAD, HAMPANAKATTA, MANGALORE-575 001, REP BY ITS BRANCH MANAGER (BY SRI. B. PRADEEP, ADVOCATE FOR R3) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2023 PASSED IN MVC NO.269/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAURA, 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 3 Rs.1,00,000/- (Rupees One Lakh 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. 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
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