DYAVAIAH v. D. CHANDRASHEKAR
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed off in terms of
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.2308/2024 (MV-I) (Lok Adalat No.3708/2024) BETWEEN: 1 . DYAVAIAH S/O. LATE DODDAIAH AGED ABOUT 48 YEARS R/O BOMMADIHALLI VILLAGE TAGARE, BIKKODU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 215. PRESENTLY R/AT SIDDAIAH NAGARA, B M ROAD, HASSAN - 573201. (By Sri. M.M RAVI, ADVOCATE) AND: 1 . D. CHANDRASHEKAR S/O. DYAVEGOWDA AGE MAJOR R/O. AALADAHALLI KOPPALU VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 573 219. (OWNER OF MARUTHI 800 CAR REG. NO. KA-04-MA-0896) ...APPELLANT 2 2 . THE MANAGER IFFCO TOKIO GENERAL INSURANCE COM LTD., 3RD FLOOR, LALBAGH TOWER, M.G.ROAD, MANGALORE - 575 003. (POLICY NO. 1-1BOXL7JA P400 POLICY #MC596524 VALID FROM 31.01.2020 TO 30.01.2021) (By Sri. B.C SHIVANNEGOWDA, ADVOCATE) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2024 PASSED IN MVC NO.781/2021 ON THE FILE OF THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, 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 3 Company has agreed to pay a lump-sum of Rs.1,20,000/- (Rupees One Lakh Twenty 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 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
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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