Nagendrappa K.N v. Nageshappa B.S
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 Rbv
Judgment
SRI. P.D. SUBRAMANYA, MEMBER M.F.A.No. 3270/2022 (MV) (Lok Adalat No. 1195/2024) BETWEEN: 1. Nagendrappa K.N. S/o Nagappa Gowda, Aged about 57 years, Occ: Agriculture.
#2. Cholankamppagowda K.N. S/o Nagappa Gowda, 67 years, Occ: Agriculture. Both are R/o Yalakkikoppa, Kallur Village, Hosanagar Taluk-577 418, Shivamogga District. ...APPELLANTS (By Smt. Manjuladevi R. Kamadolli, Advocate) AND
#1. Nageshappa B.S. S/o Siddanaika, R/o Bidarahalli Village, Hosanagara Taluk-577 418, Shivamogga District,
#3. 2 (Owner of Bus bearing Reg. No.KA-38/4759). Imran Basha N. S/o Nabee Sab, 32 years, R/o Amratha Village, Hosanagar Taluk-577 418, Shivamogga District, (Driver of Bus bearing Reg. No.KA-38/4759), DL No.KA-1520110006994 Valid upto 23.11.2031. The United India Insurance Co. Ltd., A.A. Circle, Shivamogga-577 202, Policy bearing No.472100/31/2015/1736 Valid from 22.10.2014 to 21.10.2015. …RESPONDENTS (By Sri. C. Shankara Reddy, Advocate for R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2018 PASSED IN MVC NO.824/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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.1,90,000/- (Rupees One Lakh Ninety 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. The apportionment, deposit and release of the enhanced compensation amount shall be made 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 Rbv
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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