THE MANAGER v. MAHESH S
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
THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.1457/2023 (MV) (Lok Adalat No.2042/2024) ... APPELLANT BETWEEN THE MANAGER CHOLAMANDALAM MS GIC LTD NO 1/2, GOLDEN HEIGHTS 6TH FLOOR, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BANGALORE-10. (BY SRI. PRADEEP B, ADVOCATE) AND 1 . MAHESH S S/O LATE SHIVASWAMY AGED ABOUT 26 YEARS 2 . LEELAVATHI S D/O LATE SHIVASWAMY AGED ABOUT 28 YEARS ALL ARE R/AT SUNDAHALLI VILLAGE AT POST KOTHATHI HOBLI MANDYA TALUK MANDYA DISTRICT. 3 . RAMAMOHAN S S/O LATE SRINIVASAIAH P AGE MAJOR NO 2951 JLB ROAD 2 CHAMUNDIPURAM BEHIND SYNDICATE BANK LAKSHMIPURAM MYSORE-570 004. … RESPONDENTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED23.09.2022 PASSED IN MVC NO. 2723/2020 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU SCCH-22 AWARDING COMPENSATION OF RS.22,22,813/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. 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 and 2/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 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 and 2/claimants (being authorized by the respondents No.1 and 2/claimants to sign) and the learned counsel appearing for the appellant/Insurance Company and its authorized 3 officer is filed. The respondents No.1 and 2/claimants have agreed to receive and the appellant/Insurance Company has agreed to pay a lump-sum of Rs.22,30,000/- (Rupees Twenty Two Lakhs Thirty Thousand 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.
#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.