Sriram General Insurance Company Limited v. Jayanna
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. Accordingly, M.F.A. No.2303/2018 filed by the appellant – Insurance Company stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No. 2303/2018…
Judgment
SRI. H. PAVANA CHANDRA SHETTY, MEMBER M.F.A.No. 2303/2018 (MV) (Lok Adalat No. 1928/2024) C/w M.F.A.No. 1432/2020 (MV) (Lok Adalat No. 1929/2024) IN M.F.A. NO. 2303/2018: BETWEEN
#1. Sriram General Insurance Company Limited, Branch Office, No. 5, 3rd Floor, Monarch Chambers, Opp Infantry Wedding Hall, Infantry Road, Bangalore - 560001. Now At Shriram General Insurance Co. Ltd., 5/4, 3rd Cross, S. V. Arcade, Belakanahalli Main Road, Opp: Bannerghatta Main Road, II M.B. Post, Bangalore - 560076. By its Manager. (By Sri. O. Mahesh, Advocate) ... APPELLANT 2 AND
#3. Jayanna, Aged 39 years, S/o Rudrappa, Kum. Tejas, Aged 6 years, S/o. Jayanna, Represented by her N/G Father 1st Respondent. Both are residing at Tharuru Village, Kallambella Hobli, Sira Taluk, Tumkur District - 572101. Sri. Mallikarjunappa, Aged about 46 years, S/o. Basavalingappa, R/at Shivakullenur Village, Aralekatte Post, Channagiri Taluk, Davanagere District - 577001. ...RESPONDENTS (By Sri. Harish Kumar M.C., Advocate for R-1 and R-2; Sri. Jagadeesh H.T(Noc) Advocate for R-1 & R-2, Notice to R-3 is served and unrepresented) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2017 PASSED IN MVC NO. 567/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT AT SIRA, AWARDING COMPENSATION OF RS.15,88,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN M.F.A. NO. 1432/2020: BETWEEN
#2. Jayanna, S/o Rudrappa, Aged about 42 years, Kum. Tejas, D/o. Jayanna, 3 Aged about 9 years, Minor, Represented by her N/G father, Jayanna 1st Appellant, Both are R/at Tharuru Village, Kallambella Hobli, Sira Taluk, Tumkur District - 572125. … APPELLANTS (By Sri. Harish Kumar M.C., Advocate, Sri. Jagadeesh H.T(Noc) Advocate) AND
#1. Sri. Mallikarjunappa, S/o. Basavalingappa, Aged about 49 years, R/at Shivakullenur Village, Aralekatte Post, Channagiri Taluk, Davanagere District - 577552. RC owner of the Goods Vehicle Mahindra Bolero bearing No. KA-17-B-7890.
#2. The Manager, Sriram General Insurance Co., Ltd., Branch Office, No. 5, 3rd Floor, Monarch Chambers, Opp: Infantry Wedding Hall, Infantry Road, Bangalore - 560001. Policy No.10003/31/16/053102 Valid from 03.05.2015 to 02.05.2016. … RESPONDENTS (By Sri. O. Mahesh, Advocate for R-2; Notice to R-1 is dispensed with) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2017 PASSED IN MVC NO. 567/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT AT SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 4 THESE APPEALS 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 - Claimants is present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the appellant - Insurance Company and its authorized officer is filed. The respondents – claimants have agreed to receive and the appellant - Insurance Company has agreed to pay a lump-sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only) (including trial court award amount), in full and final settlement of the claim. The excess amount if any, shall be refunded to the Insurance Company.
#3. The appellant - Insurance Company has agreed to deposit the said balance amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the 5 rate of 9% P.A. 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.
#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. Accordingly, M.F.A. No.2303/2018 filed by the appellant – Insurance Company stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No. 2303/2018 filed by the appellant – Insurance Company, the connected M.F.A. No. 1432/2020 filed by the respondents – claimants is hereby disposed. Draw up the Award accordingly. MCR Sd/- JUDGE Sd/- MEMBER
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