ABHIJITH K v. SHIVARAMU, MAJOR
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 MEMBER Sd/- KNM
Judgment
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT.PARINEETA S.CHANAL, MEMBER M.F.A.No. 1244/2021 (MV) (Lok Adalat No. 2222/2023) BETWEEN ABHIJITH K. S/O KUMARA AGED ABOUT 25 YEARS R/O KIRANGURU VILLAGE K. SHETTAHALLI HOBLI SRIRANGAPATNA TQ. MANDYA DISTRICT - 571 438 (BY SRI.SREENIVASAN M. Y., ADV.) AND 1 . SHIVARAMU, MAJOR S/O VANKATAPPA R/AT NO.2266-8, 4TH CROSS VINAYAKANAGARA MYSURU - 570 008 ...APPELLANT
#2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. NO.2912, SRI.VENKATESHWARA PLAZA 1ST MAIN, SARASWATHIPURAM 2 MYSURU - 570 005 … RESPONDENTS (BY SRI. JANARDHAN REDDY, ADV. DIRECTED TO TAKE NOTICE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2019 PASSED IN MVC NO. 601/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 Company has agreed to pay a lump-sum of Rs.2,45,000/- (Rupees Two Lakhs 3 Forty Five Thousand), 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 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 MEMBER Sd/- KNM
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 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.