Sanju v. The Managing Patner, Omkar Transport Corporation
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
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 1933/2024 (MV) (Lok Adalat No. 2028/2024) BETWEEN:
#2. Sanju, D/o. Krishna, W/o. Late Mahesh S., Now aged about 24 years. Jayanthi, W/o. Late Srinivas S., Now aged about 55 years, Both are R/at Rangasamudra, Kasaba Hobli, T. Narasipura Taluk, Mysuru District. Permanently R/at Bevinahalli Village, Sosale Hobli, T. Narasipura Taluk, Mysuru District. (By Sri. Raghu R., Advocate) AND 1 . The Managing Patner, Omkar Transport Corporation, ...APPELLANTS 2
#2. No.76 and 77, Nanjanagudu Road, Bandipalya, Mysuru - 570 001. The Divisional Manager, HDFC ERGO Gen. Ins. Co. Ltd., Maharaja Complex Opposite, Suburb Bus stand, Nazarbad, Bengaluru-Nilgiri Road, Mysuru - 570 001. RESPONDENTS (By Sri. H.S. Lingaraj, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2022 PASSED IN MVC NO. 990/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT T. NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION ENHANCEMENT OF SEEKING COMPENSATION. AND THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 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 3 filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.2,00,000/- (Rupees Two 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 in favour of the appellants / claimants, 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).
Precedent status how later indexed judgments have treated this case
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