The Manager v. Rajesh M
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. Accordingly, M.F.A. No.8089/2017 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 5 settlement arrived at between the parties in M.F.A. No.…
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. H. PAVANA CHANDRA SHETTY, MEMBER M.F.A.No. 8089/2017 (MV) (Lok Adalat No. 06/2024) C/w M.F.A.No. 4478/2018 (MV) (Lok Adalat No. 05/2024) IN M.F.A. NO. 8089/2017: BETWEEN
#1. The Manager, M/s. Shriram General Insurance Company Ltd., E-8, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan-302 022. Now represented by its Manager, M/s Shriram General Insurance Company Ltd., No.5/4, 3rd Floor, S.V. Arcade, Bilakahalli Main Road, Off B.G. Road, IIM Post, Bangalore-560 076. ...APPELLANT (By Sri. B.C. Shivanne Gowda, Advocate) 2 AND
#2. Rajesh M., S/o Lingappa Gowda, Now aged about 38 years, R/o Vinayaka Nagara House, Balnadu Village, Ujirpade Post, Puttur Taluk, D.K. Krishna Naik, S/o Koragappa Naik, Now aged about 37 years, R/o Kariyala Road, Darbe, Kemminje Village, Puttur Taluk. (RC Owner of the Lorry Reg. No. KA-21-6122). ...RESPONDENTS (By Sri. Vishwanatha Poojary K., Advocate for R-1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2017 PASSED IN MVC NO. 1149/2016 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JDUGE AND MEMBER, ADDL. MACT, D.K., MANGALURU, SITTING AT PUTTUR, D.K., AWARDING COMPENSATION OF RS.1,45,000/- WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN M.F.A. NO. 4478/2018: BETWEEN
#1. Rajesh M., Now aged about 39 years, S/o Lingappa Gowda, R/o Vinayaka Nagara House, Balnadu Village, Ujirpade Post, Puttur Taluk, Dakshina Kannada District. Pin-574201. … APPELLANT (By Sri. Vishwanatha Poojary K., Advocate) 3 AND
#1. Krishna Naika, Now aged about 38 years, S/o Koragappa Naik, R/o Kariyala Road, Darbe, Kemminje Village, Puttur Taluk, Dakshina Kannada District Pin-574201.
#2. The Manager, Shriram General Insurance Co. Ltd., E-8, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan, Pin - 302022. … RESPONDENTS (By Sri. B.C. Shivanne Gowda, Advocate for R-2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2017 PASSED IN MVC NO. 1149/2016 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JDUGE AND MEMBER, ADDL. MACT, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 Respondent - Claimant is present. 4
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondent/claimant (being authorized by the respondent/claimant to sign) and the learned advocate appearing for the appellant - Insurance Company and its authorized officer is filed. The respondent – claimant has agreed to receive and the appellant - Insurance Company has agreed to pay a lump-sum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand only) (including trial court award amount), in full and final settlement of the claim.
#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 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 entire enhanced compensation amount shall be released in favour of the respondent / claimant, on proper identification.
#5. Accordingly, M.F.A. No.8089/2017 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 5 settlement arrived at between the parties in M.F.A. No. 8089/2017 filed by the appellant – Insurance Company, the connected M.F.A. No. 4478/2018 filed by the respondent – claimant is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER MCR
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