VIJAYAPPA @ VIJAYAKUMAR v. ANNAPPA. H
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of
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 HKV
Judgment
SMT. SHILPA RANI, MEMBER M.F.A.No.6645/2019 (MV) (Lok Adalat No. 514/2024) BETWEEN 1 . VIJAYAPPA @ VIJAYAKUMAR S/O MALLAPPA, AGED ABOUT 43 YEARS, 2 . SANJAY B.V. S/O VIJAYAPPA, AGED ABOUT 14 YEARS, 3 . SAHANA B.V. D/O VIJAYAKUMAR, AGED ABOUT 2 YEARS, APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN FATHER APPELLANT NO.1 ALL ARE NATIVE OF BHAVIHAL VILLAGE, NARGANHALLI POST, DAVANAGERE TALUK AND DISTRICT, NOW R/AT C/O VIJENDRA ADVOCATE SHREE RANGANATH NILAYA NEW KHB COLONY NEAR SADIKNAGARA, WATER TANK, (SURYA PUTHRANAGARA) CHITRADURGA-577 501. (BY SRI. R SHASHIDHARA, ADVOCATE ) ... APPELLANTS 2 AND 1 . ANNAPPA. H S/O HULUGAPPA, AGE 36 YEARS,OWNER OF MOTOR BIKE BEARING NO.KA-17/EY-3690 PASSION PRO U, KALLAHALLI VILLAGE, CHATANIHALLI POST, HARAPANAHALLI TALUK-583 131 DAVANAGERE DISTRICT. 2 . THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., 2ND FLOOR, NO.83, 7TH CROSS, 4TH BLOCK, ABOVE HDFC BANK NEAR, BDA COMPLEX, KORAMANGAL, BENGALURU-560 034. (BY SRI. PRADEEP, ADVOCATE FOR R2) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC NO.437/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, 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 appellants/claimants is present. The learned counsel appearing respondent/Insurance Company along with its representative are present.
After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the 3 appellants/claimants (being authorized by the appellants/claimants sign) and learned counsel appearing respondent/Insurance Company and its authorized officer is filed. The appellants/claimants have agreed to receive and respondent/Insurance Company has agreed to pay a lump-sum of Rs.14,50,000/- (Rupees Fourteen Lakhs Fifty 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.
Out of the enhanced compensation of Rs.14,50,000/-, 40% of the amount i.e., the share of 1st appellant has to be released on proper identification and remaining 60% i.e., 30% each share of 2nd and 3rd appellant shall be kept in Fixed Deposit in their name in any Nationalized/Scheduled Bank till they attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically. 4
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 HKV
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
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.