The Branch Manager, M/s. Shriram General Insurance Company Ltd., S And S v. Sri Jaganna
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. 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 MCR
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 7272/2022 (MV) (Lok Adalat No. 1926/2024) BETWEEN: The Branch Manager, M/s. Shriram General Insurance Company Ltd., S And S Corner Building, Plot No.48, Hospital Road, (Opp: Boring And Lady Curzon Hospital), Shivajinagara, Bangalore-560001. Now Rep by The Branch Manager, M/s. Shriram General Insurance Company Ltd., No.5/4, 3rd Floor, S V Arcade, Devarachikkanahalli Road, Bannerghatta Main Road, IIMB Post, Bangalore, Reptd. by its Assit. Manager. ...APPELLANT (By Sri. B.C. Shivanne Gowda, Advocate) AND 1 . Sri Jaganna, S/o Swamygowda, 2 Aged about 42 years, R/at Maravalalu Village, Kasaba Hobli, Arakalgud Taluk, Hassan District. Presently R/at: Jaganna C/o Nataraj, Ranganatha Nilaya, Channapattana Housing Board, Opp: New Bus Stand, Hassan.
Sri. H. R. Praveen, S/o. H. N. Rangegowda, Aged about 39 years, Devegowda Nagara, Kasaba Hobli, Arakalgud Taluk, Hassan District. ...RESPONDENTS (By Sri. Shripad V. Shastri for R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC NO. 1736/2018 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF RS.4,99,642/- WITH INTEREST @ 6% 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 respondent – claimant is present. 3
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.5,50,000/- (Rupees Five Lakhs Fifty Thousand 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.
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% 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.
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
Operative part
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 MCR
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 the Joint
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.