SMT. UMADEVI v. SRINATHA D
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms
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 SN
Judgment
SMT. P.V. KALPANA, MEMBER M.F.A.No.4396/2022 (MV) (Lok Adalat No.3043/2024) BETWEEN 1 . SMT. UMADEVI W/O LATE MANJUNATHA T D AGED ABOUT 23 YEARS 2 . HANUMAKKA W/O LATE DODDAYYA AGED ABOUT 53 YEARS BOTH ARE R/AT THIRUMALOALYA VILLAGE CHIKKATHOTLUKERE POST KORA HOBLI TUMAKURU DISTRICT-577101 ...APPELLANTS (By Sri M.B. RYAKHA, ADVOCATE) AND 1 . SRINATHA D S/O DOSEGOWDA 2 AGED ABOUT 41 YEARS R/A MANUVINAKURIKE VILLAGE DASALAKUNTE POST C N DURGA HOBLI KORATAGERE TALUK TUMKURU DISTRICT-577101 2 . THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED ISSUED OFFICE AT 36/D 1ST FLOOR, MYSURU TRADE CENTRE OPP KSRTC BUS STAND B H ROAD, MYSORE-570001 SERVICE ADDRESS THE MANAGER RELIANCE GENERAL INSURANCE CO LTD 1ST FLOOR, TUMAKURU BALAJI TOWERS ASHOK NAGARA, B H ROAD TUMAKURU-572101 …..RESPONDENTS (By Sri ASHOK N PATIL, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.09.2021 PASSED IN MVC NO. 1013/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present through video conferencing/physical hearing. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.
After prolonged negotiations, the matter is settled. A joint memo signed by learned advocate appearing 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.7,00,000/- (Rupees Seven Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
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
Out of the enhanced compensation amount to be deposited by the Insurance Company, 50% of their share as apportioned by the Tribunal is directed to be invested in Fixed Deposit in the name of the appellants/claimants in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellants/claimants to withdraw the interest quarterly. The remaining 50% of their share as apportioned by the Trial Court is ordered to be released in favour of the appellants – claimants, on proper identification.
Operative part
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 SN
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
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.