✦ Karnataka High Court

SRI. V. RAMACHANDRAPPA v. M/S RELIANCE GENERAL INSURANCE COMPANY LTD., MOTOR CLAIMS HUB, NO.28, 5

Case at a glance

Outcome

Disposed of

This Miscellaneous First Appeal stands disposed of in

Provisions considered

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

THE HON’BLE MR. JUSTICE RAJESH RAI K & SMT. SHILPA RANI, MEMBER M.F.A.No.7113/2021 (MV) (Lok Adalat No.3388/2024) BETWEEN

#1. SRI. V. RAMACHANDRAPPA S/O VENKATARAMANAPPA AGED ABOUT 54 YEARS,

#2. SMT.S.VARALAKSHMI W/O V.RAMCHANDRAPPA AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT 3RD CROSS, KANAKANAGAR, HOSAKOTE TOWN, HOSAKOTE, BENGALURU RURAL DISTICT PIN-577 301. (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) ... APPELLANTS AND

#1. M/S RELIANCE GENERAL INSURANCE COMPANY LTD., MOTOR CLAIMS HUB, NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITY BANK, M.G.ROAD, BENGLAURU-560 001. 2

#2. MR.HEMANTH KUMAR. H S/O HONNURAPPA NO.401, DPN ENCLAVE, NRI LAYOUT, KALKERE MAIN ROAD, BENGALURU-560 043. … RESPONDENTS (BY SRI. HOLEBASAPPA C BETSUR, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2021 PASSED IN MVC NO. 8077/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION ENHANCEMENT OF FOR COMPENSATION AND SEEKING 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 to sign) and the learned counsel appearing for the respondent- Insurance Company and its authorized officer is filed. The appellants/claimants agreed receive respondent/Insurance Company has agreed to pay a lump-sum of 3 Rs.5,60,000/- (Rupees Five Lakhs Sixty 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

#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).

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