THE MANAGER v. KUM YAMUNA R M
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 66. 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
THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.6183/2024 (MV) (Lok Adalat No.3806/2024) BETWEEN THE MANAGER CHOLAMANDALAM MS GIC LTD, SHIMOGA NOW REP. BY THE MANAGER CHOLAMANDALAM MS GIC LTD GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB 4TH M BLOCK, RAJAJINAGAR BANGALORE-10. ... APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND 1 . KUM YAMUNA R M D/O MOHAN KUMAR AGED ABOUT 25 YEARS, R/A RANGAPURA VILLAGE S MAADAPURA POST SINGATAGERE HOBLI KADUR TALUK CHIKMAGALUR DISTRICT. 2 . PRAKASH S/O THIMMAPPA AGED ABOUT 43 YEARS, R/O NARANAPURA VILLAGE SINGATAGERE HOBLI KADUR TALUK 2 3 . LOKESHAPPA AGED ABOUT 48 YEARS, R/O SINGATAGERE VILLAGE & POST SINGATAGERE HOBLI KADUR TALUK … RESPONDENTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2023 PASSED IN MVC NO.295/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.8,43,974/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Though the matter was not listed either in settled list or fresh matters, since both the parties and their respective counsel are intended to settle their dispute amicably, the matter is taken up for conciliation.
#2. The learned counsel appearing appellant/Insurance Company along with its representative are present. The learned counsel appearing for the respondent No.1/claimant is present.
#3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the respondent No.1/claimant (being authorized by the respondent No.1/claimant to sign) and the learned counsel appearing for the 3 appellant/Insurance Company and its authorized officer is filed. The respondent No.1/claimant has agreed receive and appellant/Insurance Company has agreed to pay a lump-sum of Rs.9,45,000/- (Rupees Nine Lakhs Forty Five Thousand only), instead of what has been awarded by the Tribunal, in full and final settlement of the claim.
#4. The appellant/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% per annum from the date of default, till the date of deposit. The amount if any, deposited before this Court shall be transferred to the claims Tribunal.
#5. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
#6. 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).
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
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