Bhoomika v. Sri. Raghavendra. B
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. 4607/2022 (MV) (Lok Adalat No. 2420/2024) BETWEEN: Bhoomika, D/o. Anandadas, Aged about 17 years, R/o. T. T. Road, Voderhobli, Kundapura Taluk, Udupi District. Since appellant is minor, she is represented by guardian father Anandadas. ...APPELLANT (By Sri. Nagaraja Hegde, Advocate) AND 1 . Sri. Raghavendra. B., S/o. Shankar Poojary, Age Major, Residing Near Temple, Giliyar Village, Kota Post, Udupi Taluk. 2
Sri Ram General Insurance Co. Ltd., Branch Office: E-8, EPIP, RIICO, Industrial Area, Sithapura, Jaipura, Rajasthan-302 022, Rep. by its Authorized Officer. Sri. H. S. Puttappa, S/o. Siddappa, Age Major, R/o. K. Hosur Village, Bettadahalli Post, Tarikere Taluk, Chikkamagaluru, Karnataka. Sri. Usman, S/o. Abubakar, Age 33 Years, R/o. M. G. Colony, No.1-121 (D), Vaddarse, Udupi Taluk. ...RESPONDENTS (By Sri. Anup Seetharama Rao, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.09.2021 PASSED IN MVC NO. 1064/2016 ON THE FILE OF THE ADDL. DISTRICT JUDGE AND ADDL. MACT, UDUPI (SITTING AT KUNDAPURA), 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. 3 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.
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 Company has agreed to pay a lump-sum of Rs.10,000/- (Rupees Ten Thousand 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 4
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 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
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.