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2025 DAILYLAW 22308 (KAR)

THE MANAGER,M/S SHRIRAM GENERAL INSURANCE COMPANY LTD v. DAYANAND S S

MFA/776/2021 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 776/2021 (MV) (Lok Adalat No. 603/2025) BETWEEN: The Manager, M/s. Shriram General Insurance Co. Ltd., Next to Kamath Hotel, Commercial Street, Bengaluru-560 001, Now represented by M/s. Shriram General Insurance Co. Ltd., No.5/4, 3rd Floor, S.V. Arcade, Bilakahalli, Bannerghatta Main Road, IIMB Post, Bangalore, Reptd. By its Assistant Manager. ...APPELLANT (By Sri. B.C. Shivanne Gowda, Advocate) AND: 1. Dayanand S.S. S/o Rangappa, Now Aged about 39 years. 2. Kumari. Monisha D/o Dayanand S.S., Aged about 8 years. 2 3. Master Shasshank H.D. S/o Dayanand S.S., Aged about 2.9 years. 2nd and 3rd respondents are minors Reb by father and 1st respondent. All are R/at Amanikere, Huliyar, Chikkanayakanahalli Taluk, Tumkur District. 4. Mahesh S/o Late Siddaraju, Major, No.31, Honnashettihalli Village, Chowlakatte Post, Handanakere Taluk, Tumkur District. …RESPONDENTS (By Sri. H.T. Jagadeesh, Advocate for R-1 (R-2 and R-3 – minors, Rep. by R-1, Sri. Nagaraj M., Advocate for R-4) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.12.2019 PASSED IN MVC NO. 1416/2018 ON THE FILE OF THE XVIII ADDL. JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT (SCCH-4), BENGALURU, AWARDING COMPENSATION OF RS.18,16,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Respondents - Claimants is present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled amicably. 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 sum of Rs. 17,36,000/- (Rupees Seventeen Lakhs Thirty Six Thousand only) with interest @ 6% p.a. from the date of petition till deposit instead of Rs.18,16,000/- with interest @ 6% p.a. awarded by the Claims Tribunal in full and final settlement of the claim. Hence, the Joint Memo is accepted. 3. The Appellant - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of 4 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. 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal and further, the amount in excess if any, shall be refunded to the Insurance Company. 5. 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 Rbv