Anisa, Now v. Balasubramanian E
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 Rbv
Judgment
THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 3752/2021 (MV) (Lok Adalat No. 38/2024) BETWEEN: 1. Anisa, Now aged 30 years, W/o Mohammad Sheik @ Nawaz, R/at Near Hanuru Government School, Patrame in Patrame Village, Belthanghady Taluk, Dakshina Kannada District-574 214.
#4. Dulaika, Now aged 54 years, W/o Iddinabba. Iddinabba, Now aged 66 years, S/o Shek Kunchi. Zaikya, Now aged 22 years, D/o Iddinabba. Appellant No.2 to 4 are R/o Rengelu House, Panemangalore 2 Village, Bantwal Taluk, Dakshina Kannada District-574 211. ...APPELLANTS (By Sri. K. Vishwanatha Poojary, Advocate) AND: 1. Balasubramanian E. Now aged 52 years, S/o Esakimuthu, R/at Door No.76, PL No.4-73, Navins Dayton Heights, Nelson Manickam Road, Aminjikarai, Chennai, Tamil Nadu – 600 029.
#2. The Branch Manager, New India Assurance Co. Ltd., Divisional Office, 4th Floor, ‘Fortune’, Opp. Athene Hospital, Avery Junction, Falnir, Mangalore, Dakshina Kannada District-575 001. …RESPONDENTS (By Sri. B.R. Venkatesh Kamath, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 05.01.2024) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2020 PASSED IN MVC NO. 483/2018 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE & MEMBER, ADDL. MACT-XI, D.K., MANGALURU SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR ENHANCEMENT OF SEEKING COMPENSATION COMPENSATION. AND THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants 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 amicably. A joint memo signed by the learned advocate appearing for the 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. 10,000/- (Rupees Ten Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted.
#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 appellants / claimants equally, on proper identification. 4
#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 Rbv
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.
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