Reliance General Insurance Company Ltd., Rep. Through Its Senior Divisional Manager., v. Rahmath Bi And 5 ORS.,

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY LOK ADALAT Sitting:- 12th March, 2022 Panel - 2: SHRI JUSTICE A. P. LAVANDE, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI R. G. RAMANI, (SENIOR ADVOCATE), MEMBER & SHRI RYAN MENEZES, (ADVOCATE), MEMBER FIRST APPEAL NO.124 OF 2018 WITH CROSS OBJECTION NO.7 OF 2018 IN FIRST APPEAL NO. 124 OF 2018 FIRST APPEAL NO.124 OF 2018 RELIANCE GENERAL INSURANCE COMPANY LTD., REP. THROUGH ITS SENIOR DIVISIONAL MANAGER ... Appellant

Versus

RAHMATH BI AND 5 ORS.

... Respondents Mr. James Lopes, Advocate for the Appellant.

Mr. Preetam Talaulikar, Advocate for the Respondents No.1 to 3.

Ms. Rosette Pereira, Advocate for the Respondents No.5 and 6. WITH CROSS OBJECTION NO.7 OF 2018 IN FIRST APPEAL NO. 124 OF 2018 PRAKASH VOLVOTKAR ... Appellant

Versus

RELIANCE ... Respondents M I N UTES This appeal and cross objections therein, arise out of the judgment and award dated 10.06.2014 passed by the Motor Accident Claims Tribunal, South Goa at Margao in claim petition No.199 of 2011 by which the claim petition was allowed holding the respondents jointly and severally liable to pay compensation in the sum of ₹12,29,994/- to the claimants with interest @9% per annum from the date of the application till the date of the award and further interest at the same rate till payment. 2.

The claim petition was filed by respondents No.1 to 3original claimant being the widow, mother and minor brother of the deceased in the subject accident.

4.

The appellant had deposited the amount of ₹20,07,267/- before this Hon'ble Court during the pendency of the

appeal which, the record reveals, was invested in Fixed Deposits. The Insurance Company and the claimants have filed Consent Terms and the letter dated 11.03.2022 issued by the authorised signatory of the appellant.

5.

The parties have agreed that out of the amounts deposited by the appellant before this Hon'ble Court, an amount of ₹19,00,000/- shall be paid in full and final settlement of the claim of respondents No.1 to 3-claimants. The remainder out of the deposited amount, i.e. ₹1,07,267/- shall be returned to the appellant alongwith statutory deposit of ₹25,000/-. The Consent Terms have been filed and placed at Exhibit 'A'. 6.

As the claim petition was a case of death, we deem it appropriate that the respondents No.1 to 3-claimants be directed to approach the Hon'ble Court and apply for withdrawal of the same to which they are entitled under this aforesaid settlement in terms of the judgment of the Hon'ble Supreme Court in the case of General Manager, Kerala S.R.T.C v/s. Susamma Thomas [1994 SCC (2) 176].

7.

In view of the above and the Consent Terms filed above, the First Appeal and cross objections therein, stand disposed of accordingly.

SHRI JUSTICE A. P. LAVANDE, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER

SHRI R. G. RAMANI, (SENIOR ADVOCATE) MEMBER SHRI RYAN MENEZES, (ADVOCATE) MEMBER