Kavitha C 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. 4538/2022 (MV) (Lok Adalat No. 2629/2024) BETWEEN
#2. Kavitha C. W/o D. Manjunatha, Now Aged about 31 years. Bhumika M. D/o D. Manjunath, Now Aged about 14 years. Residing at No.256, Jala Hobli, Bandi Kodigehalli, Bangalore – 562 149. Note: Appellant No.2 is since minor Rep. by her mother/natural guardian Appellant No.1 Kavitha C. … Appellants. (BY SRI. N.R. RANGE GOWDA, ADVOCATE) AND:
#1. Reliance General Insurance Co. Ltd., No.28, 5th Floor, East Wing, Centenary Building, 2 M.G. Road, Bengaluru-560 002.
#2. Mansoor Pasha S/o Rahaman Khan, Aged Major, R/at No.05, 1st Cross, Pipeline Road, Padarayanapura, Bangalore South, Bangalore-560 026. …Respondents (BY SRI. H.C. BETSUR, ADVOCATE FOR R-1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2021 PASSED IN MVC NO.7049/2019 ON THE FILE OF THE MEMBER, MACT, XVI ADDL. JUDGE, COURT OF SMALL CAUSES (SCCH-14), 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.6,15,000/- (Rupees Six Lakhs Fifteen Thousand 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 two claimants in the above appeal and the appellant No.2/claimant is minor. If the enhanced compensation is apportioned equally, they will get lesser compensation. Hence, the entire share of appellant No.1 shall be released in her favour, on proper identification. The entire share of appellant No.2 shall be kept in fixed deposit in her name in any Nationalized / 4 Scheduled Bank till she attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically.
#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
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