Sri. Shivanna Hoogar @ v. Mr. Sharan Gouda Patil
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 Rbv
Judgment
THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 5511/2021 (MV) (Lok Adalat No. 690/2024) BETWEEN: 1. Sri. Shivanna Hoogar @ Shivaraj S/o Mallanna, Age 53 years.
#2. Smt. Basamma Hoogar W/o Shivanna Hoogar, Age : 48 years. Both are residing at Near Hanuman Temple, Guttipetha Oni, Shahapur, Yadgir, Karnataka – 585 223. ...APPELLANTS (By Sri. Suresh M. Latur, Advocate) AND: 1. Mr. Sharan Gouda Patil S/o Ananth Reddy, 2 No.323, 15th Main, Vijayanagara, Bengaluru – 560 010.
#2. The Manager, TATA AIG General Insurance Company Limited, No.69, II Floor, JP & Devi Jambukeshwar Arcade, New ICICI First Source, Millers Road, Bengaluru-560 052. …RESPONDENTS (By Sri. Janardhan Reddy, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 28.11.2022) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2021 PASSED IN MVC NO. 4652/2018 ON THE FILE OF THE I ADDL. SMALL CAUSES JUDGE & MACT (SCCH- 11), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 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. 3
#2. After prolonged negotiations, the matter is settled amicably. 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. 5,00,000/- (Rupees Five Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted.
#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. Out of the enhanced compensation of Rs.5,00,000/-, the appellant Nos.1 and 2/claimants are entitled for a sum of Rs.2,50,000/- each and the entire shares shall be released in their favour, on proper identification. 4
#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 Rbv
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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