✦ Karnataka High Court

RAGHAVENDRA R v. SHRI OM TPT CO

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in

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 HKV

Judgment

THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.9269/2018 (MV) (Lok Adalat No.2335/2024) BETWEEN RAGHAVENDRA R S/O B.S RUDRAPPA, NOW AGED ABOUT 30 YEARS R/O NEHARUNAGARA, 3RD CROSS, CHITRADURGA CITY - 577 501. (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND 1 . SHRI OM TPT CO, REPRESENTED BY ITS R C OWNER BY NAME VIRENDER DAHIYA S/O SHRI OM PRAKASH HOUSE NO. S 23 A, PHASE- 1 BLOCK, NEW PALAM VIHAR VILLAGE CHAUMA, TEHSIL, GURAGAON, HARIYANA STATE - 122 002. ... APPELLANT 2 . THE MANAGER TATA AIG INSURANCE COMPANY LTD, 1ST FLOOR, OFFICE NO.612, 80 FEET ROAD, 6TH BLOCK, KORAMANGALAM BANGALORE - 560 034. (BY SRI. B. PRADEEP, ADVOCATE FOR R2) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20/06/2018, PASSED IN MVC 2 NO.1046/2016, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, 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 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 3 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).

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