THE MANAGING DIRECTOR v. SMT. PREMA
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of
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
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER M.F.A. No.3424/2024 (MV) (Lok Adalat No.2336/2024) BETWEEN: THE MANAGING DIRECTOR, K S R T C, K H ROAD, SHANTHINAGAR, BENGALURU - 560027 REP. BY ITS CHIEF LAW OFFICER (BY SRI. D.VIJAYAKUMAR, ADVOCATE) ...APPELLANT AND:
#2. SMT. PREMA, W/O LATE ANNAPPA, AGED ABOUT 26 YEARS, KUM SIRI A D/O LATE ANNAPPA, AGED ABOUT 7 YEARS, 2
#3. MASTER MANIKANTA, S/O LATE ANNAPPA, AGED ABOUT 4 YEARS, SINCE THE RESPONDENT NO.2 AND 3 ARE MINORS, REP. BY THEIR MOTHER AND NATURAL GUARDIAN RESPONDENT NO.1 SMT. PREMA
#6. SRI. SHANTHAKUMAR S/O JAYANNA, AGED ABOUT 33 YEARS, SMT. RATHNAMMA W/O JAYANNA, AGED ABOUT 58 YEARS, SRI. JAYANNA S/O MUNIYAPPA, AGED ABOUT 65 YEARS ALL ARE R/AT: DINDAVARA VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 598. (BY SRI. KAILAS SHANKAR P.S., ADVOCATE) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1989 AGAINST THE JUDGMENT AND AWARD DATED 02.11.2023 PASSED IN MVC NO. 1931/2021 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT- BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS. 32,57,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AWARD AMOUNT. 3 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 – KSRTC along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present through video conferencing/physical hearing.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by learned advocate appearing respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - KSRTC and its authorized officer is filed. The respondents - claimants have agreed to receive and the Appellant - KSRTC has agreed to pay a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs) with interest at 6% p.a. from the date of petition till deposit, instead of Rs.32,57,000/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim.
#3. The Appellant - KSRTC has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, 4 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal.
#4. The apportionment, deposit and release of the modified 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
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
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 treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.