IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR MISCELLANEOUS FIRST APPEAL No.9085/2017 (MV – I) BETWEEN:
MAHADEVASWAMY, S/O CHIKKANNEGOWDA, AGED ABOUT 29 YEARS, R/AT TALURU VILLAGE, JAYAPURA HOBLI, MYSORE TALUK, MYSORE DISTRICT – 34 ...APPELLANT (BY SRI. PRATHEEP K.C., ADVOCATE) AND:
1. ANKANNA B, S/O LATE ANKI BASAPPA, AGED ABOUT 38 YEARS, R/AT TALURU GRAMA, JAYAPURA HOBLI, MYSORE TALUK, MYSORE DISTRICT – 34.
2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., MYSORE – 01. ... RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; R1 NOTICE DISPENSED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2016 PASSED IN MVC NO.780/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AND SENIOR CIVIL JUDGE, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is listed for orders. However, with consent of the learned counsel for the appellant and respondent No.2, who have also filed a joint memo to settle the matter in full and final settlement, this matter is taken up for disposal finally.
2. This appeal is preferred by the appellant against the judgment and award passed by the Tribunal in MVC No.780/2014 dated 6.10.2015 wherein it has awarded compensation in a sum of Rs.67,300/- with interest at 9% p.a. from the date of petition till realization.
3. The facts leading to the filing of this appeal are as under :-
It is stated in the claim petition that on 24.06.2014 at about 7.45 p.m. near Kadakola Village, Doddakatur Road Cross, Jayapura Hobli, Mysuru, when the appellant/petitioner was proceeding along with a pillion rider in a motor cycle bearing Reg.No.KA-09-EV-2179, at that time the rider of motor cycle bearing Reg.No.KA- 10-H-7403 came in a high speed in a rash and negligent manner in the opposite direction and hit the petitioner’s bike. Due to that, the petitioner and the pillion rider fell down and sustained grievous injuries and hence, they filed claim petitions claiming compensation from the owner and insurer of the offending vehicle. The Tribunal has awarded a sum of Rs.67,300/- with interest at 9% p.a. from the date of petition till its realisation to the appellant in this appeal. The appellant not being satisfied with the said compensation has come up in this appeal seeking enhancement in the compensation.
4. In the meanwhile, the appellant and respondent No.2 have filed a joint memo which reads as under :-
“The Appellant and Respondent No.2 have agreed for settlement and the respondent No.2 has agreed to pay a sum of Rs.1,00,000/- lumpsum (Rupees One Lakh Only) to the appellant claimant in addition to award of the Tribunal as full and final settlement. This Hon’ble Court may kindly be pleased to dispose the above matter in terms of this Joint Memo in interest of justice and equity”
Both the petitioner and respondent No.2 seek to dispose of the appeal in terms of the Joint Memo. Therefore, the Joint Memo is taken on record.
5. Accordingly, the appeal is disposed of as respondent No.2-Insurance Company has come forward for a settlement and agreed to pay a sum of Rs.1,00,000/- to the appellant in addition to the award of the Tribunal. The respondent No.2 is hereby directed to deposit the sum of Rs.1,00,000/- before the concerned Tribunal within a period of four weeks.
SD/- JUDGE rs