Indramma v. C.N. Purushothama
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. 6665/2017 (MV) (Lok Adalat No. 2139/2024) BETWEEN: 1 .
#2. Indramma, W/o. Late Basavarajappa, Aged about 47 years, B. Girish, S/o. Late Basavarajappa, Aged about 30 years,
#3. Manjesha, S/o. Late Basavarajappa, Aged about 28 years, All are R/at Moodla Agrahara, Chamarajanagar Taluk. Present R/at : C/o Lingaraju, Hanur Town, Kollegal Taluk, Chamarajanagar District, Pin : 571 303 ...APPELLANTS (By Sri. K.M. Sanath Kumara, Advocate) 2 AND 1 . C.N. Purushothama, S/o. Narasimhaiah, Major, R/at No.369/1, 4th Cross, Bramaramba extension, Chamarajanagar Town, Pin : 571 303.
#2. The Divisional Manager, HDFC ERGO General Insurance Co. Ltd., Mysore trade centre, Opp to KSRTC bus stand, BN road, Kuvempunagar, Mysuru, Pin : 570014. ...RESPONDENTS (By Sri. D. Vijay Kumar, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2017 PASSED IN MVC NO. 225/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KOLLEGALA, 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. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.3,00,000/- (Rupees Three Lakh 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
#4. The entire enhanced compensation amount shall be released in favour of the appellants / claimants, 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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