Sri. Ashwin A v. (BY SRI. K.V. NAIK, ADVOCATE)
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. 4820/2022 (MV) (Lok Adalat No. 2634/2024) BETWEEN Sri. Ashwin A. S/o Ananda Raju N.R., Aged about 28 years, R/at No.3, Yamanoor Building, Thindlu Main Road, Sai Baba Mandir Road, Kodigehalli, Sahakaranagara Post, Bengaluru North-560 092. AND: (BY SRI. K.V. NAIK, ADVOCATE) … Appellant.
#1. Sri. Chidhambar M.P. S/o Pillappa, Major, R/at No.73, Mathkur, Kakolu, Near Govt. School, Hesaraghatta Hobli, Bengaluru North – 560 091, (Owner of Tata 407 bearing Reg. No.KA-05/A-5066).
#2. The Manager, The Reliance General Insurance Co. Ltd., R/at No.3, 1st Floor, North Wing, 2 Manandi Plaza, St. Marks Road, Bengaluru – 560 001, (Policy No.11052-1823490003317 Valid from 16.09.2018 to 15.09.2019). …Respondents (BY SRI. H.C. BETSUR, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2022 PASSED IN MVC NO.6494/2019 ON THE FILE OF THE VIII ADDL. SMALL CAUSES JUDGE & ACMM, MEMBER, MACT, (SCCH-5), BENGALURU, 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 3 Company has agreed to pay a lump-sum of Rs.80,000/- (Rupees Eighty 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. 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 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
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