R. Kathyayini v. Agriculturist
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. 6204/2022 (MV) (Lok Adalat No. 2635/2024) BETWEEN R. Kathyayini W/o K.S. Revanna, Aged about 51 years, Tailoring, House hold and Agriculturist, R/o Lakshmi Ranganatha Swamy Krupa, Davalagiri Badavane, 2nd Stage, Bheemasamudra Road, Chitradurga – 577 501. … Appellant. (BY SRI. R. SHASHIDHARA, ADVOCATE) AND:
#1. Shivaprasad S/o Shivaputrappa, Aged about 47 years, Prop: KA-16/A-0931, Auto Rickshaw, In front of Old Middle School, Kawadigarahatti Village, Matadakurubarahatti Post, Chitradurga Taluk-577 501. 2
#2. Branch Manager, Reliance Insurance Co. Ltd., Branch Office, 1st & 2nd Floors, Maganur Commercial Complex, Nearby KSRTC Bus Stand, B.D. Road, Chitradurga – 577 501. …Respondents (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2022 PASSED IN MVC NO.630/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-III, CHITRADURGA, 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 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 3 appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.60,000/- (Rupees Sixty Thousand 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. The entire enhanced compensation amount shall be released in favour of the appellant/ claimant, 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 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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