Kum. Poojalakshmi v. Sri Sheik Magbulsaheb
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. 5444/2021 (MV) (Lok Adalat No. 1817/2024) BETWEEN: Kum. Poojalakshmi, D/o Sri. Vasanth Shetty, Aged about 25 years, R/at PadduNivasa, Tellar Road, Karkalla Kasaba Village, Karkala Taluk-574104. ...APPELLANT (By Sri. Dhananjay Kumar, Advocate) AND 1 . Sri Sheik Magbulsaheb, S/o Sri. Sheik Ameer Saheb, Aged about 53 years, R/at Ameer Manzil, Uddapalke, Tellar Post, Durga Village, Karkala Taluk-576117.
The Branch Manager, HDFC ERGO General Insurance Company Ltd., 2 Bangalore Branch, No.25/1, 2nd Floor, Building No.2, Shankaranarayan Building No.1, M.G. Road, Bengaluru-560001. RESPONDENTS (By Sri. H.S. Lingaraj, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.03.2020 PASSED IN MVC NO. 507/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, 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 appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five 3 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 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
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.