Jayappa v. H. Anilkumar
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. 6721/2023 (MV) (Lok Adalat No. 2046/2023) BETWEEN: Jayappa S/o Doddakariyappa, Now aged about 32 years, R/at Indedevarahatty Village, Hosadurga Taluk, Chitradurga District-577 599. ...APPELLANT (By Sri. N.R. Range Gowda, Advocate) AND 1. H. Anilkumar S/o H.B. Manjunath, Aged Major, R/o No.133/1, Manju Krupa, Near Durgabika Temple, Nittuvalli, Davanagere – 577 504.
#2. The Branch Manager, Branch Office, United India Insurance Co. Ltd., No.34/3, P.B. No.237, 2nd Floor, 2 MMK Complex, Akkamahadevi Road, P.J. Extension, Davanagere – 577 504. …RESPONDENTS (By Sri. S.V. Hegde Mulkhand, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 12.10.2023) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.05.2023 PASSED IN MVC NO.1009/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC & ADDL. MACT, HIRIYUR, CHITRADURGA, 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 Appellant - Claimant is present. The learned Counsel appearing for the Respondent – Insurance Company 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 3 (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakhs 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. Out of the enhanced compensation amount, a sum of Rs.1,00,000/- shall be invested in fixed deposit in the name of appellant – claimant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the accrued interest periodically. The remaining compensation of Rs.5,00,000/- shall be released in favour of the appellant / claimant, 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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