✦ Karnataka High Court

VENKATESH v. THE MANAGER

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in

Provisions considered

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.7569/2022 (MV) (Lok Adalat No.3890/2024) BETWEEN 1 . VENKATESH S/O VENKATARAMANAPPA NOW AGED ABOUT 55 YEARS 2 . LAKSHMAMMA W/O VENKATESH NOW AGED ABOUT 52 YEARS BOTH ARE R/AT KULUVANAHALLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT -562 111. ... APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND 1 . THE MANAGER RELIANCE GEN INSURANCE CO.LTD REGIONAL OFFICE: NO.28 5TH FLOOR, CENTENARY BUILDING M.G ROAD, BENGALURU -560 001. 2 . AMBARISH S/O JAGANATH MAJOR R/AT NO.11/49/19 S.B TEMPLE ROAD 2 MANIKEHWARI COLONY GULBARGA, KARNATAKA -585 101 (BY SMT. MALATHI T.N., ADVOCATE FOR R1) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2019 PASSED IN MVC NO.7576/2017 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU SCCH-17, 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.

#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the 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.1,10,000/- (Rupees One Lakh Ten Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3

#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. 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 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).

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