✦ Karnataka High Court

SMT. PRAMEELA H A v. THE DIVISIONAL CONTROLLER

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed off in terms of

Provisions considered

Key paragraphs

  • Para 55. This Miscellaneous First Appeal stands disposed off 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

Judgment

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER M.F.A. No.9057/2019 (MV-I) (Lok Adalat No.677/2024) BETWEEN: SMT. PRAMEELA H A W/O RAVIKUMAR B S AGED ABOUT 32 YEARS R/AT MADARAVALLI VILLAGE SOMAVARAPETE TALUK KODAGU DISTRICT PRESENTLY R/AT C/O NINGEGOWDA S/O RANGEGOWDA HOSAKOPPALU VILLAGE KASABA HOBLI HASSAN TALUK & DIST (BY SRI. M M ABHIJITH, ADVOCATE) AND: THE DIVISIONAL CONTROLLER K.S.R.T.C., PUTTURU DIVISION PUTTHURU, DAKSHINA KANNADA REP BY THE DIVISIONAL CONTROLLER K.S.R.T.C., HASSAN DIVISION ...APPELLANT (BY SRI. S.B SRIKANTH & A.C.BALARAJ, ADVOCATES) …RESPONDENT 2 THIS MFA IS FILED UNDER SECTION 173(1) OF INDIAN MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 26.03.2019 PASSED IN MVC NO.1512/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT & SESSIONS COURT AND ADDITIONAL MACT, HASSAN, 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 Appellant - Claimant is present. The learned Counsel appearing for the Respondent – KSRTC 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 – KSRTC and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent – KSRTC Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

#3. The Respondent - KSRTC has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, 3 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 off 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

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This Miscellaneous First Appeal stands disposed off in terms of

Which statutory provisions did this judgment involve?

Motor Vehicles Act, 1988 — s. 173(1).

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