Allabakshi @ Shaikh Allabaksh v. M/s. Sharma Transports
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
SRI. P.D. SUBRAMANYA, MEMBER M.F.A.No. 4265/2018 (MV) (Lok Adalat No. 790/2024) BETWEEN: Allabakshi @ Shaikh Allabaksh S/o Imthiyaz, Aged about 29 years, Occ: Nil, R/o Narayanapuram, Srikalahasti District, Chittor, Andhra Pradesh-585 201. ...APPELLANT (By Smt. Saritha Kulkarni, Advocate) AND
#1. M/s. Sharma Transports, Represented by Suresh Sharma, No.328, TSP Road, Fort, Bangalore-560 008.
#2. The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, MMK Complex, AVK College Road, Davanagere – 577 001.
#6. 2 Parashuram Khandoonavar S/o Basapa, Age: 38 years, Occ: Transport Business, R/o Bommasandra, Post Belagali, Tq. Hubli, Dist. Dharwad-580 020. The Manager, Sri Ram General Insurance Co. Ltd., 10003-E-8, RIICO Industrial Area, Sitapura-302 022, Jaipur, Rajasthan State. Yallappa Kenchareddy S/o Hanumappa Kenchareddy, R/o Gudagur Tq., Ranebennur Dist., Haveri – 581 110. The Divisional Manager, New India Assurance Co. Ltd., Divisional Office, AM Archade, CG Hospital Road, Davanagere-577 001, New India Assurance Co. Ltd., Branch Office, Ranebennur. …RESPONDENTS (By Sri. Janardhan Reddy, Advocate for R-2, Notice to R-1 & R-3 to R-6 – d/w v.c.o. dated 15.12.2022) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2018 PASSED IN MVC NO.123/2015 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND VII MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION ENHANCEMENT OF SEEKING COMPENSATION. AND THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 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.1,65,000/- (Rupees One Lakh Sixty Five 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
#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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