SUNITHA A v. DEPO MANAGER KSRTC
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed off in terms of
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. This Miscellaneous First Appeal stands disposed off 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
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER M.F.A.No.5314/2022 (MV) (Lok Adalat No.3614/2024) BETWEEN: 1 . SUNITHA A D/O. ANJANAPPA AGED ABOUT 21 YEARS, STUDENT R/O MAHATHAMA GANDHI KOLACHE PRADESHA HARIHARA TALUK DAVANAGERE DISTRICT 577 601. (By Sri. G.J.SUNKAPUR, ADVOCATE) AND: 1 . DEPO MANAGER KSRTC KSRTC HARIHAR DEPO OWNER OF THE OFFENDING KSRTC, VEHICLE NO. KA 1 -F-2029 HARIHARA TALUK DAVANAGERE DISTRICT 577 601 (By Smt. RENUKA H R, ADVOCATE) ...APPELLANT …RESPONDENT 2 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2022 PASSED IN MVC NO.194/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHARA, 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 Appellant - Claimant is present. The learned Counsel appearing for the Respondent – KSRTC 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 – KSRTC and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent – KSRTC 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 - KSRTC has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, 3 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 off 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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This Miscellaneous First Appeal stands disposed off 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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