DAYANANDA P N v. THE MANAGER
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
THE HON’BLE MR. JUSTICE H.P. SANDESH & SMT. P.V. KALPANA, MEMBER M.F.A.No.3658/2024 (MV) (Lok Adalat No.2577/2024) BETWEEN DAYANANDA P N S/O LATE NINGOWDA AGED ABOUT 39 YEARS R/O PIRUMANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573201 ...APPELLANT (BY SRI GIRISH B BALADARE, ADVOCATE) AND 1 . THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, KRUTHIKA ARCADE NEAR N R CIRCLE, 2 H N PURA ROAD HASSAN 573201 2 . SATHISHA S S/O SIDDAIAH, MAJOR R/O NO.1299, 7TH MAIN 11TH CROSS ROAD WEST OF CORD ROAD MAHALAKSHMI PURAM, BENGALORE 86 (BY SRI PRADEEP B, ADVOCATE FOR R1; NOTICE TO R2 IS D/W V/O DT.12.08.2024) …..RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2023 PASSED IN MVC NO. 870/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDE AND CJM, MEMBER, ADDITIONAL MACT, HASSAN, 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 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 learned advocate appearing 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.90,000/- (Rupees Ninety Thousand only), 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
#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 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 treatment data yet for this judgment in the Courts & Cases corpus.
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