K SASIDHARAN v. NARASIMHAMURTHY H.L
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in
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 HKV
Judgment
SMT. SHILPA RANI, MEMBER M.F.A.No.5276/2022 (Lok Adalat No.2934/2024) BETWEEN 1 . K SASIDHARAN S/O KUTTANPILLAI AGED ABOUT 67 YEARS 2 . GIRIJA W/O K SASIDHARAN AGED ABOUT 56 YEARS 3 . SURESH SASIDHARAN S/O K SASIDHARAN AGED ABOUT 36 YEARS 4 . GISHNU S, S/O K SASIDHARAN AGED ABOUT 31 YEARS ALL ARE R/O KULATHUMTHALA VEEDU, THOZHUKKAL NEYYATTINKARA P.O NEYYATTINKARA THIRUVANANTHAPURAM KERALA-695 121 (BY SRI. R SHASHIDHARA, ADVOCATE) ... APPELLANTS 2 AND 1 . NARASIMHAMURTHY H.L S/O LAKSHMI NARASIMHAIAH MAJOR R/AT #46/31, 5TH CROSS KALIDASA LAYOUT, SRINAGAR BANGALORE-560 050 OWNER OF TATA INDICA CAR BEARING NO.KA-41/A-3323 2 . THE LEGAL MANAGER, RELIANCE GENERAL INSURANCE CO LTD., 4TH FLOOR CENTENARY BUILDING M.G ROAD, BANGALORE-01 (BY SRI. H.C. BETSUR, ADVOCATE FOR R2) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2022 PASSED IN MVC NO. 3364/2017 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the appellants/claimants is present. The learned counsel appearing respondent/Insurance Company along with its representative are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellants/claimants (being authorized by the appellants/claimants sign) and learned counsel appearing 3 respondent/Insurance Company and its authorized officer is filed. The appellants/claimants have agreed to receive and 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
#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 HKV
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
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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