SRI. GOPALKRISHNA D v. SMT. BHARATHI H R
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in
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.6782/2022 (MV) (Lok Adalat No.1788/2024) BETWEEN SRI. GOPALKRISHNA D, S/O DUGGAPPA NAIK, AGED ABOUT 47 YEARS, R/AT ALAGIRI, THIRTHALLI TALUK, SHIVAMOGGA DISTRICT. (BY SRI. JAGADEESH H T., ADVOCATE) AND 1 . SMT. BHARATHI H R, D/O RENUKAPPA, MAJOR, R/AT NO.74, HASARUVALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. … APPELLANT 2 . THE MANAGER, TATA AIG GENERAL INSURANCE CO., LTD., OFFICE AT 69, 2ND FLOOR, JP AND DEVI JAMBUKESHWARA ARCADE, MILLERS ROAD, BENGALURU-68 (BY SRI. B PRADEEP, ADVOCATE FOR R2) …RESPONDENTS 2 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.08.2022 PASSED IN MVC NO.3609/2020 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH- 23), 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 respondent/Insurance Company along with its representative are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) learned advocate appearing respondent/Insurance Company and its authorized officer is filed. The appellant/claimant has agreed receive and respondent/Insurance Company has agreed to pay a lump-sum of Rs.2,30,000/- (Rupees Two Lakhs Thirty 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 3 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 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 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
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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