✦ Karnataka High Court

Mr. K. Keshavlu v. Sri. Bhanu Kumar Nallabadri

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in terms of the Joint

Provisions considered

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 MCR

Judgment

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 8153/2023 (MV) (Lok Adalat No. 1927/2024) BETWEEN: Mr. K. Keshavlu, S/o K. Munneiah, Aged about 45 years, R/o No.6-15, Charvakanipalli Village, Harijanawada Colony, Penumur Mandal, Chittoor District, Andhra Pradesh. ...APPELLANT (By Sri. P.S. Kailas Shankar, Advocate) AND 1 . Sri. Bhanu Kumar Nallabadri, S/o Chinnama Reddy, Major, R/o. Budda Reddy Palli Village, Pulikallu Post, Penumur Mandal, Chittoor Dist., Andhra Pradesh - 517126.

#2. The Manager, M/s. Sriram General Insurance Co. Ltd., 2 No.3/5, 3rd Floor, S.V. Arcade, Bilekahalli Main Road, Bannerughatta Road, IIM Post, Bangalore - 560 076. ...RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN MVC NO. 5460/2018 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MACT AT BENGALURU (SCCH-24), PARTLY 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 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 (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.1,60,000/- (Rupees One Lakh Sixty Thousand 3 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. 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 MCR

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).

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