SRI NAGARAJ v. SRI SHIVARAJU C
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. K.T. PREMALATHA, MEMBER M.F.A.No. 4842/2022 (MV) (Lok Adalat No. 1310/2024) BETWEEN 1 . 2 . SRI NAGARAJ S/O LATE PUTTASWAMYGOWDA AGED ABOUT 48 YEARS. SMT MANJULA W/O NAGARAJ AGED ABOUT 45 YEARS. 3 . KUM SMITHA D/O NAGARAJ AGED ABOUT 26 YEARS. 4 . SMT SAROJAMMA W/O LATE PUTTASWAMY GOWDA AGED ABOUT 68 YEARS. ALL ARE R/A TUBINAKERE VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT. (BY SRI. KAILAS SHANKAR P S, ADVOCATE) ...Appellants 2 AND 1 . SRI SHIVARAJU C S/O CHIKKAIDEGOWDA NO.467/2, IST CROSS CHANNAPATNA ROAD HALAGURU MALAVALLI TALUK MANDYA DISTRICT. 2 . THE MANAGER THE UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE, NO.18, 5TH AND 6TH FLOOR KRISHI BHAVAN HUDSON CIRCLE NRUPATHUGNA ROAD BANGALORE-560001. (BY SRI. G S MARULAIAH, ADVOCATE FOR R-2) …Respondents MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2021 PASSED IN MVC NO. 6592/ 2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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. 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. 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.3,40,000/- (Rupees Three Lakhs Forty 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. In this appeal there are four claimants and if the enhanced compensation amount will be divided amongst the appellants / claimants as per the apportionment made by the Claims Tribunal, they will get lesser amount. Hence, the entire shares of appellants / claimants shall be released in their favour, 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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