Smt. Lakshmi v. Sri. K.N. Balaji
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of
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. 4328/2021 (MV) (Lok Adalat No. 1644/2024) BETWEEN: 1. Smt. Lakshmi @ Lakshmidevamma W/o Late Venkatesh, Now aged about 43 years.
#2. Smt. V. Padma D/o Late Venkatesh, Now aged about 39 years. Both are residing at Chelur Village, Bagepalli Taluk, Chikkaballapura District. ...APPELLANTS (By Sri. N. Gopalkrishna, Advocate) AND
#1. Sri. K.N. Balaji S/o Late K.R. Nagaraj, Major by age, residing at No.24, Near Hanuman Temple, Narasimhapet,
#2. 2 Chintamani Town-563 125, Chikkaballapura District. The IFFCO-TOKIO General Insurance Co. Ltd., Sri Shanthi Towers, 5th Floor, No.141, 3rd Main, East of NGEF Layout, Kasturi Nagar, Bangalore – 560 043, Rep. by its Manager. …RESPONDENTS (By Sri. Muralidhar Negavar, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2021 PASSED IN MVC NO.7177/2018 ON THE FILE OF THE XXI ACMM & XXIII ADDL. SMALL CAUSES JUDGE & MACT (SCCH-25), 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 Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3
#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.4,50,000/- (Rupees Four Lakhs Fifty 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. In this appeal there are two claimants and if the enhanced compensation amount is divided amongst the appellants / claimants, they will get lesser amount. Hence, the entire shares of appellants / claimants shall be released in their favour, 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
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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