N.S. Ramachandra Rao v. R. Somesh
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 Rbv
Judgment
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. K.T. PREMALATHA, MEMBER M.F.A.No. 7888/2019 (MV) (Lok Adalat No. 1642/2024) BETWEEN: 1. N.S. Ramachandra Rao S/o Late Srinivasa, Aged 67 years.
#2. R. Saroja Rao W/o N.S. Ramachandra Rao, Aged about 53 years. Both are residing at Near Post Office, IV Block, Gonikoppal, Virajpet Taluk, Kodagu District – 571 213. ...APPELLANTS (By Sri. K. Ranjan Kumar, Advocate) AND
#1. R. Somesh S/o Ramachandra Rao Aged about 34 years, R/at Vijayshree Apartment, 2 Mysooramma Nagara, Aruvathoklu Village and Post, Virajpet Taluk, Kodagu District-570 201. Jayaramu B.S. S/o Subbe Gowda, Aged 40 years, Beladak Village, K.R. Pet Taluk, Mandya District – 571 426. Bajaj Allianze General Insurance Co. Ltd., G.E. Plaza, Airport Road, Yerwarda-411 006. …RESPONDENTS (By Sri. P.S. Jagadish, Advocate for R-3, Notice to R-1 – d/w v.c.o. dated 24.01.2023)
#3. MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2019 PASSED IN MVC NO.47/2017 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, KODAGU-MADIKERI SITTING AT VIRAJPET, 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. 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.4,20,000/- (Rupees Four Lakhs Twenty 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. In this appeal there are two claimants and if the enhanced compensation amount is divided amongst the appellants / claimants, they will get lesser amount. Hence, the entire shares of appellants / claimants 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
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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