CHANDRARAJASHEKAR M. R v. A. R. KUMAR
Case at a glance
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 AM
Judgment
THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI NAMAN VANKDARI M, MEMBER MISCELLANEOUS FIRST APPEAL NO.4721 OF 2019 (MV-I) (LOK-ADALAT NO.1051 OF 2026) BETWEEN: CHANDRARAJASHEKAR M. R., S/O M. M. RAJU,(AGED ABOUT 36 YEARS) AGED ABOUT 8 YEARS, R/AT NO.381, 3RD B CROSS, 1ST MAIN ROAD, 2ND PHASE, MANJUNATHANAGAR, WEST OF CHORD ROAD, BENGALURU - 560 010. SINCE MINOR REPRESENTED BY HIS FATHER & NATURAL GUARDIAN SRI. M. M. RAJU. Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA (BY SRI.NANJUNDARADHYA B G, ADVOCATE) ...APPELLANT AND:
A. R. KUMAR, S/O RANGASWAMY, R/AT RAJA TEMPO SERVICE, MAGADI MAIN ROAD, KAMAKSHIPALYA, BENGALURU - 560 079. (DRIVER-EXPARTE)
MR. A. R. KUMARA SHETTY, S/O RANGASWAMY SHETTY, R/AT NO.112, 13TH MAIN, 5TH CROSS, 9TH BLOCK, NAGARABHAVI 2ND STAGE, BDA LAYOUT, BENGALURU - 72(OWNER) 2
M/S ICICI LOMBARD INSURANCE CO. LTD., C/O. RNS MOTORS LTD., YESHWANTHPUR, BENGALURU - 560 022. (INSURER) (BY SRI. B. PRADEEP, ADVOCATE FOR R-3) …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.05.2018 PASSED IN M.V.C. NO.3061/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM, (SCCH-23), BENGALURU, PARTLY MEMBER, MACT, BENGALURU 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.3,50,000/- (Rupees three lakhs fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3
3. 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal.
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 AM
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.