PURUSHOTHAM P v. VIJAY KUMAR .R
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.4651/2023 (MV) (Lok Adalat No.3522/2024) BETWEEN PURUSHOTHAM P S/O PUTTARAJU AGED ABOUT 21 YEARS RESIDING AT NO.537/1/3 OPP: HANUMAN LAYOUT YADAVANAHALLI, ANEKAL BENGALURU-562 107. (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) ... APPELLANT AND 1 . VIJAY KUMAR .R S/O RADRAPPA MAJOR NO.159/B KITHIBANAHALLI CHANDAPURA CIRCLE BOMMANAHALLI BENGALURU-560 011 (R.C. OWNER OF MAHENDRA VEHICLE BEARING REG.NO KA-05-AD-3174). 2 . THE MANAGER TATA AIG GENERAL INSURANCE CO LTD 2 NO.69, 3RD FLOOR J.P & DEVI JAMBUKESHWARA ARCADE MILLER'S ROAD BENGALURU 560052 (POICE NO 015850960100 VALID FROM 12/07/2018 TO 11/07/2019) (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2) … RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE IN MVC JUDGMENT AND AWARD DT.10.03.2023 PASSED NO.3502/2019 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU, (SCCH-2), 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 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 appellant/claimant (being authorized by the appellant/claimant to sign) learned counsel appearing respondent/Insurance Company and its authorized officer is filed. The appellant/claimant has agreed receive and respondent/Insurance Company has agreed to pay a lump-sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only), in addition to what has 3 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.7,50,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.7,50,000/- is ordered to 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 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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