T BABAY v. RELIANCE GENERAL INSURANCE CO LTD., NO.28, 5
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in
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 HKV
Judgment
SMT. SHILPA RANI, MEMBER M.F.A.No.5294/2022 (MV) (Lok Adalat No.2933/2024) BETWEEN 1 . T BABAY D/O LATE CHINNAREDDAPPA W/O GAJJI OM PRAKASH NOW AGED ABOUT 28 YEARS 2 . GAJJI SARASWATHAMMA W/O GAJJI VENKATARAMANA NOW AGED ABOUT 46 YEARS 3 . GAJJI VENKATARAMANA S/O GAJJI OBAIAH NOW AGED ABOUT 52 YEARS ALL ARE RESIDING AT EGUVAPALLI, NELLIMANDA SOMALA, CHITTOR ANDHRA PRADESH-517 257. (BY SRI. RANGEGOWDA N R., ADVOCATE) ... APPELLANTS AND 1 . RELIANCE GENERAL INSURANCE CO LTD., NO.28, 5TH FLOOR CENTENARY BUILDING EAST WING M.G ROAD, BANGALORE-560 001. 2 2 . MR. AKBAR ALI M AGED MAJOR NO.3/1118, KAIDESH MELLATH STREET MOLACHUR VILLAGE SRIPERUMBADUR KANCHIPURAM TAMIL NADU-631 501. (BY SRI. B.PRADEEP, ADVOCATE FOR R1) … RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2022 PASSED IN MVC NO.835/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the appellants/claimants is present. The learned counsel appearing respondent/Insurance Company along with its representative are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel appearing for the appellants/claimants (being authorized by the appellants/claimants sign) and learned counsel appearing respondent/Insurance Company and its authorized officer is filed. The appellants/claimants have agreed to receive and respondent/Insurance Company has agreed to pay a lump-sum of Rs.8,30,000/- (Rupees Eight Lakhs Thirty Thousand only), in 3 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.4,15,000/- is directed to invested Fixed Deposit the name of appellants/claimants in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellants/claimants to withdraw the interest periodically. The remaining amount of Rs.4,15,000/- is ordered to be released favour of the appellants/claimants, on proper identification.
#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 HKV
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
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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