K S.JAGADAMBA v. THE MANAGING DIRECTOR
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed off in terms of the
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
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.7039/2022 (MV-D) (Lok Adalat No.3616/2024) BETWEEN: 1 . K S.JAGADAMBA W/O LATE DAKSHINAMURHTY NOW AGED ABOUT 48 YEARS 2 . SHABHA S.D D/O DAKSHINAMURTHY NOW AGED ABOUT 26 YEARS 3 . SWETHA S.D D/O DAKSHINAMURHTY NOW AGED ABOUT 24 YEARS ALL ARE R/O SASALU VILLAGE SETTYKARE HOBLI, C.N.HALLY TALUK TUMKUR DISTRICT - 572214 (BY SRI. CHANDRASHEKARA K A, ADVOCATE) ...APPELLANTS AND: 2 1 . THE MANAGING DIRECTOR KSRTC, K.H. ROAD, SHANTINAGAR BENGALURU - 560 027 2 . THE MANAGING DIRECTOR KSRTC-TUMKUR DIVISION TUMKRU-572214 3 . THE DIPO MANAGER KSRTC-TIPTUR DEPO TUMKUR - 572214 (BY SMT. RENUKA H R, ADVOCATE) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF INDIAN MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 07.01.2022 PASSED IN MVC NO.285/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, XIX MACT, CHIKKANAYAKANAHALLI, 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: The learned Counsel appearing for the Appellants - Claimants is present. CONCILIATION ORDER 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-KSRTC and its authorized officer is filed. The 3 appellants-claimants have agreed to receive and the respondent - KSRTC has agreed to pay a lump-sum of Rs.81,000/- (Rupees Eighty One Thousand only), 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, 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
#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 the
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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