T. Parvathi v. The Manager, The New India Assurance Co. Ltd., D.O. III, Mahalakshmi
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
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 Rbv Sd/- MEMBER
Judgment
THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 7671/2022 (MV) (Lok Adalat No. 696/2024) BETWEEN: 1. T. Parvathi W/o Late Jayaram V., Now Aged about 50 years.
#2. Tejas J. S/o Late Jayaram V., Now Aged about 27 years. Both are R/at No.2, 1st Cross, 5th Main Road, Shankaranagar, Nandhini Layout, Bengaluru – 560 096. (By Sri. Raghu R, Advocate) AND: 1. The Manager, The New India Assurance Co. Ltd., D.O. III, Mahalakshmi ...APPELLANTS 2 Complex, M.G.Road, Bengaluru – 560 001.
#2. Shakthivel N., Major, S/o Narasimhan, R/at No.2/56, Vellolai, Sollaikottai, Dharmapuri, Tamil Nadu – 636 703. …RESPONDENTS (By Sri. E.I. Sanmathi, Advocate for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2019 PASSED IN MVC NO. 4915/2017 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND XX ACMM & MEMBER, MACT (SCCH-24), BENGALURU, 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 Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3
#2. After prolonged negotiations, the matter is settled amicably. 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-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 7,20,000/- (Rupees Seven Lakhs Twenty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted.
#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. There are two claimants in the above appeal and if the compensation is divided amongst the appellants/claimants, they will get lesser compensation. Therefore, the entire shares of appellants / claimants shall be released in their favour, 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 Rbv 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 of in terms of the Joint
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.