D.R. RAMESH v. RELIANCE GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, 5
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 55. Accordingly, MFA No.1141/2022 stands disposed of in terms of the Joint Memo. In view of the settlement arrived at between the parties in MFA No.1141/2022, the connected MFA No.2180/2018 filed by the Insurance Company is disposed of. The 5 Judgment and Award of the…
Judgment
SMT. SHILPA RANI, MEMBER M.F.A.No.1141/2022 (MV) (Lok Adalat No.2798/2024) C/W M.F.A.No.2180/2018 (MV) (Lok Adalat No.2797/2024) IN M.F.A.No.1141/2022: BETWEEN D.R. RAMESH, S/O RANGADAMAPPA, AGED ABOUT 19 YEARS R/AT 4TH CROSS, PUTTENAHALLI, BENGALURU-560 064. PERMANENT ADDRESS, #222, DINNE HUNASENAHALLY, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, PIN-562 101. …APPELLANT (BY SRI. GANGARAJU C, ADVOCATE) AND
#1. RELIANCE GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, 5TH FLOOR, CENTENARY BLDG, M.G. ROAD, 2 BENGALURU-560 001. (INSURER OF AUTORICKSHAW BEARING REG. NO. KA-40-A-3405), (POLICY NO. 1401252339005534 VALID FROM 3-11-15 TO 12-11-16).
#2. SRI. LAKSHMIKANTH, S/O VENKATARAYAPPA, MAJOR, R/AT, DEVANAGANAHALLY, BYCHAPURA POST, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, PIN-562101. (R.C. OWNER OF AUTORICKSHAW BEARING REG. NO. KA-40-A-3405) …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2018 PASSED IN MVC NO. 2093/2016 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M, AND MEMBER, MACT, BENGLAURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A.No.2180/2018 (MV) BETWEEN THE RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR NO.28, CENTENARY BUILDING, M.G.ROAD, BENGALURU-560 001. NOW REPRESETED BY MANAGER LEGAL. ...APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND:
#1. D R RAMESH S/O RANGADAMAPPA, 3 AGED ABOUT 16 YEARS R/AT 4TH CROSS, PUTTENAHALLI, YELAHANKA, BENGALURU-560 064. PERMANENT ADDRESS #222, DINNE HUNASENAHALLY, GOWRIBIDANUR TALUK-561 208 CHIKKABALLAPURA DISTRICT. SINCE, THE RESPONDENT NO.1 IS MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI. RANGADAMAPPA.
#2. SRI. LAKSHMIKANTH S/O VENKATARAYAPPA, MAJOR, R/O, DEVANAGANAHALLY, BYCHAPURA POST, GOWRIBIDANUR TALUK-561 208, CHIKKABALLAPURA DISTRICT, ...RESPONDENTS (BY SRI. GANGARAJU C., ADVOCATE FOR R1 SRI. LAKSHMIKANTH ADVOCATE FOR R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2018 PASSED IN MVC NO. 2093/2016 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE & 20TH ACMM & MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.1,60,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. 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/claimant is present. The learned Counsel appearing respondent/Insurance Company along with its representative are present. 4
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned counsel appearing for the respondent/ Insurance Company and its authorized officer is filed. The appellant/claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a total lump-sum of Rs.2,35,000/- (Rupees Two Lakhs Thirty Five Thousand only), instead of Rs.1,60,000/- awarded by the Tribunal, in full and final settlement of the claim.
#3. The respondent/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.
#4. The entire modified compensation amount shall be released favour of the appellant/claimant, on proper identification.
#5. Accordingly, MFA No.1141/2022 stands disposed of in terms of the Joint Memo. In view of the settlement arrived at between the parties in MFA No.1141/2022, the connected MFA No.2180/2018 filed by the Insurance Company is disposed of. The 5 Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER HKV
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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