SYED SAMAD v. SAMIULLA
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 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.8443/2022 (MV) (Lok Adalat No. 3735/2024) BETWEEN SYED SAMAD S/O LATE SYED KHADDAR AGED ABOUT 51 YEARS CLEANER AND HAMALI WORK R/O IDGANAGARA SULEBYLU 2ND CROSS SHIVAMOGGA-577 201. (BY SRI. M V MAHESWARAPPA, ADVOCATE) ... APPELLANT AND 1 . SAMIULLA S/O SATHAR SAB AGED ABOUT 51 YEARS R/AT IDGANAGAR SULEBYLU SHIVAMOGGA-577 201. 2 . SYED ANSAR S/O LATE SYED JAFFAR SAB AGED ABOUT 36 YEARS R/AT GONDI HIRIYUR POST BHADARAVATHI TALUK SHIVAMOGGA-577 201. 2 3 . THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED SHIVAMOGGA BRANCH SHIVAMOGGA-577 201. (BY SRI. H.C. BETSUR, ADVOCATE FOR R3) … RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.01.2020 PASSED IN MVC NO.592/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND AMACT-VI, SHIVAMOGGA, 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 appellant/claimant 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned counsel appearing for the respondent- Insurance Company and its authorized officer is filed. The appellant/claimant agreed receive 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 entire enhanced compensation amount shall be released 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 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
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