Judgment · High Court
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(I)
Key paragraphs
- Para 55. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/s JUDGE I RR
Judgment
SRI. B.A.RAMAKRISHNA, MEMBER Miscellaneous First 2009 (LokAdalat No 2157/2011) BETWEEN 3 4 Ningamma W/o Lak Ramanna Aged about 46 years Ramanna S/oLate Rarnanna ed about 31 ‘ RSannappa S/u Late Rainann Aa1 aLum 29 ‘ears. %eieia Mia; na tte Parridqrvi ‘aed ahuut 7 ‘ear c, ‘o I x i’t )3 (In iire-ilnn1 Late I.IIn I a 1R M ‘ rnti Advoeqeecu Appellan S.
F, P.Padma, W/o.Saravana. Aged about 46 years. R/at Parvathi Nagara, Attibele, Anekal Thluk, Bangalore - 562 106. R.C.Owner of Lorry Bearing No.KA-25/A-3652. The Divisional Manager, ICICI Lombard Motor Insurance Co. Ltd.. Zanith House. Keshav Rao Khode Marg, Mahalakshml. Mumbal - 400 034. .. Respondents (By Sri. A.N.Krlshna Swamy, Mv. For R-2) MFA FILED U/S.173(I) OF MV ACT AGAiNST ThE JUDGMENT AND AWARD DATED 04-11-2009 PASSED IN MVC NO.29/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLAKERE. PARTLY ALLOWING ThE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OP COMPENSATION. This MFA COMING ON FOR CONCIUAflON BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER D1D.23-09-20 II. ThE FOLLOWING ORDER IS PASSED. CQWCUaTION 9RDER The learned counsel for the Appellants-Claimants and the learned counsel for Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter settled. The appellants-claimants have agreed to receive and the Respondent- Insurance Company has agreed to pay a lump sum of Rs. 1,75.000/- (Rupees One Lakh Seventy Five Thousand only) in addition to what 3 * has been awarded by the Tribunal. in full and final settlement of the claim. A Joint Memo is filed on behalf of the parties to this effect.
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 9% per annum from the date of default, till the date of deposit.
Out of the enhanced compensation, a sum of Rs. 1,00.000/- shall be kept In fixed deposit in the name of the appellant No.1 In any Nationalized Bank for a period of 5 years and renewable for further period of 10 years with hberty to draw the Interest on the said amount and the balance amount of Rs.75,000/- shall be released in favour of the appellant No.1.
Operative part
This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/s JUDGE I RR
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(I).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.