CHOLAMANDALAM MS GENERAL v. B VENKATESH
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 66. 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.813/2023 (MV) (Lok Adalat No.2041/2024) BETWEEN CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH 'C' CROSS INDUSTRIAL SUBURB RAJAJINAGAR 4TH M BLOCK BENGALURU-560 010 BY ITS MANAGER. (BY SRI. LINGARAJ H.S, ADVOCATE) AND 1 . B VENKATESH NOW AGED ABOUT 46 YEARS S/O B SEENAPPA 2 . B ASWINI NOW AGED ABOUT 42 YEARS W/O B VENKATESH 3 . KUMARI. B MOUNIKA AGED ABOUT 21 YEARS D/O B VENKATESH ... APPELLANT 2 ALL ARE R/AT NO 2-8 PEDDA GADIDESI PALEMPALLI PUNGANUR RURAL, CHITTOR DISTRICT ANDRA PRADESH. 4 . M/S BYSANI TRADERS NO 8-1188, SASTRY STREET MADANAPALLI TOWN CHITTOR DISTRICT ANDHRA PRADESH BY ITS PROPRIETOR BYSANI S/O B VENKATESH (BY SRI. KAILAS SHANKAR P.S, ADVOCATE FOR R1 TO R3) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2022 PASSED IN MVC NO.1169/2020 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-16 AWARDING COMPENSATION OF RS.23,42,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. 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/Insurance Company along with its representative are present. The learned counsel appearing for the respondents No.1 to 3/claimants is present.
#2. Though the matter was not listed either in settled list or fresh matters, since both the parties and their respective counsel 3 are intended to settle their dispute amicably, the matter is taken up for conciliation.
#3. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the respondents No.1 to 3/claimants (being authorized by the respondents No.1 to 3/claimants to sign) and the learned counsel appearing for the appellant/Insurance Company and its authorized officer is filed. The respondents No.1 to 3/claimants have agreed to receive and the appellant/Insurance Company has agreed to pay a lump-sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) instead of what has been awarded by the Tribunal, in full and final settlement of the claim.
#4. The appellant/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% per annum from the date of default, till the date of deposit. The amount if any, deposited before this Court shall be transferred to the claims Tribunal.
#5. 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. 4
#6. 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
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.