Papaiah @ Raju v. Puttarevanna H.P
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. 4398/2016 (MV) (Lok Adalat No. 1225/2024) BETWEEN: Papaiah @ Raju S/o Puttaraju, Age 42 years, R/at No.158/E, Byraveswaranagara, Part-1, Hanumantharayanapalya, Bangalore North, Bangalore-91. ...APPELLANT (By Sri. R. Shashidhara, Advocate) AND 1. Puttarevanna H.P. S/o Pattaiah, Age: Major, Owner of the Maxi Cab bearing No.KA-41/A-4319, R/at No.158/E, 2nd Main Road, Byraveswaranagara, Near Food Office, Sunkadakatte, Bangalore – 91.
#2. The Regional Manager, Universal Sompo General Insurance Co. Ltd., 2 No.7/3, KVD Tower, 1st Floor, Old Madras Road, Opposite Indiranagara 100 Feet Road, Bangalore – 38. Sri. K. Basavaraj S/o K. Veerabhadrappa, Major, R/at House No.27/1, Near SBM Opposite, Behind Geetha Complex, Siruguppa Taluk, Bellary District-583 121. The Manager, Shriram Gen. Insurance Co. Ltd., No.10003-E-8, RIICO Industrial Area, Sitapura, Jaipur, State of Rajasthan – 302 022.
#4. …RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-4, Sri. B. Pradeep, Advocate for R-2, Notice to R-1 & R-3 – d/w v.c.o. dated 26.10.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2015 PASSED IN MVC NO. 7071/2012 ON THE FILE OF THE XVIII ADDL. JUDGE, COURT OF SMALL CAUSES (SCCH-4) AND MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 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 2nd Respondent – Universal Sompo General Insurance Company Limited and 4th Respondent – Shriram General Insurance Company Limited along with their representatives are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocates appearing for the 2nd and 4th respondents - Insurance Companies and its authorized officer is filed. The appellant-claimant has agreed to receive and the 2nd and 4th respondents-Insurance Companies have agreed to pay a lump-sum of Rs.2,45,000/- (Rupees Two Lakhs Forty Five Thousand only) in the ratio of 75% and 25% respectively, in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4
#3. The 2nd and 4th Respondents - Insurance Companies have agreed to deposit their respective liability 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 entire enhanced compensation amount shall be released in 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 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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