SMT. SPARSHA v. SRI. RAVISHA
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
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER M.F.A. No.8685/2023 (MV-D-CA) (Lok Adalat No.3612/2024) BETWEEN: 1. SMT. SPARSHA, W/O LATE MADAN T M, AGED ABOUT 37 YEARS, R/AT MALLANDUR VILLAGE AND POST, CHIKKAMAGALURU TALUK AND DISTRICT-577101.
#2. KUM. SHRESTA, D/O LATE MADAN T M AGED ABOUT 10 YEARS, MINOR, REP BY HER NATURAL GUARDIAN MOTHER APPELLANT NO. 1, R/AT MALLANDUR VILLAGE AND POST, CHIKKAMAGALURU TALUK AND DISTRICT PIN CODE NO.-577101.
#3. SRI MAGONNA GOWDA T D, S/O LATE DEVEGOWDA, 2
#4. AGED ABOUT 74 YEARS, R/AT MALLANDUR VILLAGE AND POST, CHIKKAMAGALURU TALUK AND DISTRICT PIN CODE NO.-577101. SMT SUBADRAMMA W/O MOGANNA GOWDA T D, AGED ABOUT 66 YEARS, R/AT MALLANDUR VILLAGE AND POST, CHIKKAMAGALURU TALUK AND DISTRICT PIN CODE NO.-577101. (BY SRI. VENKATE GOWDA K., ADVOCATE) ...APPELLANTS AND:
#2. SRI. RAVISHA S/O LATE THIMMAPPA, AGED ABOUT 40 YEARS, KSRTC BUS DRIVER, BADGE NO. 3496, CHITRADRUGA DEPOT, RESIDING AT KORACHARAHATTI, HURALIHAL POST, KUDLIGI TALUK, VIJAYANAGAR DISTRICT PIN CODE NO. 583135. THE DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHITRADURGA DIVISION, CHITRADURGA-577501 (BY SMT. H.R. RENUKA, ADVOCATE) …RESPONDENTS 3 THIS MFA IS FILED UNDER SECTION 173(1) OF INDIAN MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO.234/2022 ON THE FILE OF THE PRINICIPAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU, 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 Appellants - Claimants is present. The learned Counsel appearing for the Respondent – KSRTC 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-KSRTC and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - KSRTC has agreed to pay a lump-sum of Rs.5,10,000/- (Rupees Five Lakhs Ten Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4
#3. The Respondent - KSRTC 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 apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
#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
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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