Smt. Gowramma v. Reliance General Insurance Co. Ltd
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 Rbv
Judgment
THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 1339/2022 (MV) (Lok Adalat No. 1868/2024) BETWEEN
#4. Smt. Gowramma W/o Late Raju, Aged about 39 years. Sri. Darshan R., S/o Late Raju, Aged about 22 years. Sri. Umesh Kumar R. S/o Late Raju, Aged about 20 years. Sri. Arun R. S/o Late Raju, Aged about 19 years. All are R/at No.452, 7th Cross, Aralikatte, Chikkabidrakallu, Nagasandra, Bengaluru-560 073. … Appellants. (BY SRI. P. SHIVAKUMAR, ADVOCATE) 2 AND:
#2. Reliance General Insurance Co. Ltd., No.28, Regional Office, 5th Floor, Centenary Building, M.G. Road, Bengaluru-560 001, Rep. by its Manager. Sri. Basavaraju S/o Nanjaiah, No.8104, Patel Channappa Layout, Nelamangala Taluk, Bengaluru Rural District-562 123. …Respondents (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R-1, NOTICE TO R-2 – D/W V.C.O. DATED 21.02.2022) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2021 PASSED IN MVC NO.974/2020 ON THE FILE OF THE XI ADDL. SMALL CAUSES JUDGE & ACMM, COURT OF SMALL CAUSES (SCCH-12) & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present. 3
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.3,00,000/- (Rupees Three Lakhs only), in addition to what has been 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% P.A. from the date of default, till the date of deposit.
#4. There are four claimants in the above appeal and if the enhanced compensation is apportioned equally, they will get lesser compensation. Hence, the entire shares shall be released in favour of the appellants/ claimants, on proper identification. 4
#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
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.