MR. B. CHANDRASHEKARA ACHARYA v. MR. K. HANEEF
Case at a glance
- Bench
- VENKATESH NAIK T
Outcome
Disposed of
This miscellaneous first appeal stands disposed off in
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 Kvk
Judgment
THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.3829 OF 2025 (MV-I) (LOK-ADALAT NO.7070 OF 2025) BETWEEN: MR. B. CHANDRASHEKARA ACHARYA @ BALYA CHANDRASHEKHARA ACHARYA S/O. NARAYANA ACHARYA AGED ABOUT 62 YEARS RESIDING AT D. NO.2-150 KALARA KADABA, KADABA, PUTTUR TALUK PRESENTLY RESIDING AT C/O. SATHISH ACHARYA NETHRAVATHI NILAYA VIDYA NAGARA, KULAI MANGALURU, D.K. DISTRICT-575 006. (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE) ...APPELLANT AND:
MR. K. HANEEF S/O. KUNCHIMONU AGED ABOUT 46 YEARS RESIDING AT D. NO.1-2 KELTHAJE HOUSE, FAHIZ MANZIL NADA, PERMANNU, BELTHAGADY TALUK D.K. DISTRICT-574 222. 2
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, HDFC HOUSE BACK BAY RECLAMATION H T PREKH MAR CHURCH GATE, MUMBAI LOCAL OFFICE, 2ND FLOOR ESSEL TOWERS, M.G. ROAD KODIALBAIL, MANGALURU D.K. DISTRICT-575 003 REPRESENTED BY ITS MANAGER. (BY SRI D. VIJAYA KUMAR, ADVOCATE, FOR R-2) …RESPONDENTS * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05-08-2024 PASSED IN M.V.C. NO.1818 OF 2022 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND M.A.C.T-II, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellant-claimant and 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 counsel appearing for the appellant- claimant and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,90,000/- (Rupees one 3 lakh and ninety thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
The respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit.
The entire enhanced compensation amount shall be released in favour of the appellant-claimant, on proper identification.
Operative part
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 Kvk
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
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.