MRS. SHAHIDA BEGAM v. SRI AVINASH.R
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms
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 SN
Judgment
THE HON’BLE MR. JUSTICE H.P. SANDESH & SMT. P.V. KALPANA, MEMBER M.F.A.No.4951/2023 (MV) (Lok Adalat No.3402/2024) BETWEEN MRS. SHAHIDA BEGAM W/O. ABDUL SAMAD, D/O NOORJAHAN, AGED ABOUT 47 YEARS, R/AT REHAMATH HOUSE, CHICKANSAL ROAD, BEHIND ROYAL SABHABAVANA KUNDAPUR, UDPI DISTRICT. (BY SRI NAGARAJA HEDGE, ADVOCATE) AND 1 . SRI AVINASH.R S/O RAVINDRA H.A, AGED ABOUT 27 YEARS, R/O. SALAGERI, SUTTA ROAD, ...APPELLANT 2 HOSANAGARA TALUK, SHIVAMOGGA DISTRICT. 2 . RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE, RELIANCE CENTRE, 19, HERACHAND MARG, BALLARD ESTATE, MUMBAI-400001. REP. BY ITS AUTHORIZED OFFICE. (BY SRI B PRADEEP, ADVOCATE FOR R2) ….RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2023 PASSED IN MVC NO.185/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. 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.
After prolonged negotiations, the matter is settled. A joint memo signed by learned advocate appearing appellant/claimant (being authorized by the appellant/claimant to 3 sign) and the learned advocate appearing for the respondent- Insurance Company and its authorized officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.45,000/- (Rupees Forty Five 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 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.
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 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 SN
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
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.