Smt. Yasmeen Taj v. M/s. Shri Ram General Insurance Co. Ltd
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
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 MCR
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 4772/2023 (MV) (Lok Adalat No. 1842/2024) BETWEEN: Smt. Yasmeen Taj, W/o K.M.Babu Jan, Aged about 41 years, Residing at No.104, Kadadadhanamari Post, Kadadadhanamari, Chikkaballapura, Chikkaballapura District - 563 123. ...APPELLANT (By Smt. Bhageerathi L., Advocate) AND 1 . M/s. Shri Ram General Insurance Co. Ltd., Office at No.4/5 SVR Arcade, 3rd Floor, Devarachikkanahalli Road, Above Akshaya Eye Hospital, Bannerghatta Main Road, Bilekahalli, Bengaluru - 560 076. Rep. by its Branch Manager. 2
#2. Mr. Salam Khan, Aged about 52 years, S/o. P. Ibrahim Khan, Residing at No.16-52-A1 Roja Kunta Street, Nandyal, Kurnool District, Andhra Pradesh - 518 501. ...RESPONDENTS (By Sri. B.C. Shivanne Gowda., Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2023 PASSED IN MVC NO. 6843/2018 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), 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 – Insurance Company 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-Insurance Company and its authorized officer is filed. The 3 appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,20,000/- (Rupees One Lakh Twenty 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 entire enhanced compensation amount shall 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 MCR
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 the Joint
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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