Mithungowda v. The Manager
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. 8345/2023 (MV) (Lok Adalat No. 1403/2024) BETWEEN: Mithungowda S/o Santhosh Kumar, Aged about 13 years, Since minor Represented by his Father as natural guardian by name R. Santhosh Kumar S//o Late Ramalingegowda, Near Ganapati Temple, Kiranguru Village, K. Shettahalli Hobli, Srirangapatna Taluk, Mandya District. Now R/at N.M. Road, Pandavapura Town & Taluk, Mandya District-571 434. ...APPELLANT (By Sri. T. Vijay Kumar, Advocate) AND
#1. The Manager, 2 National Insurance Co. Ltd., Adichunchanagiri Road, Kuvempu Nagara, Mysuru – 570 001.
#2. Basavegowda S/o Late Badregowda, Aged Major, R/at House No.222, Baburayanakoppalu Village, K. Shettahalli Hobli, Srirangapatna Taluk, Mandya District-571 438. …RESPONDENTS (By Sri. Janardhan Reddy, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 23.02.2024) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2023 PASSED IN MVC NO.1158/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND MACT, PANDAVAPURA, 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 Appellant - Claimant 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. 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.45,000/- (Rupees Forty Five Thousand 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. Since the appellant / claimant is minor the entire enhanced compensation amount shall be invested in fixed deposit in the name of the minor appellant / claimant in any Nationalized / Scheduled Bank till he attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically. 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 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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