✦ Karnataka High Court

Murthychari v. The Legal Manager

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in terms of the Joint

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 MCR

Judgment

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 1985/2024 (MV) (Lok Adalat No. 2183/2024) BETWEEN: Murthychari, S/o Nanjappachari, Aged about 56 years, R/at Tharigalale Village, Konanuru Hobli, Arakalgud Taluk, Hassan - 573201. Presently R/o. Opp. New Bus Stand, K.H.B Extension, Channarayapatna, Hassan District- 573201. ...APPELLANT (By Sri. Girish. B. Baladare, Advocate) AND 1 . The Legal Manager, Shriram General Insurance Co . Ltd., Regional Office No. 5:4, 3rd Floor, S.V. Arcade, Bilekahalli Main Road, Oppt. B.G. Road, IIM Post, Bangalore - 560 076. 2

#2. Dharmaprakash, S/o Basavaiah, Major, R/o Banavase Village, Balupete Post, Sakaleshapura Taluk, Hassan Dist - 573201. ...RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2023 PASSED IN MVC NO. 1013/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDL. MACT, HASSAN, 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 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 respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company 3 has agreed to pay a lump-sum of Rs.65,000/- (Rupees Sixty Five 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. 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 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).

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