IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF *MARCH, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.435 OF 2016 [MV] BETWEEN B R Mukhthar Pasha s/o late N D Mohd.
Abdul Razak Aged about 49 years r/o Besagarahalli village Koppa Hobli, Maddur Tq.
Mandya District-571414. ... Appellant [By Sri M R Kumaraswamy, Advocate] AND 1. Sajeela Banu w/o Syed Javid Major, r/o No.922 Besagarahalli village Koppa Hobli Maddur Taluk – 571414 Mandya District.
2. The Branch Manager United India Insurance Co. Ltd., M C Road, Ashok Nagar Mandya City – 571401. ... Respondents [By Sri Ravish Benni, Advocate for R2, R1 – notice d/w v/c/o dtd.18.3.2019) *Corrected Vide court order dated 26.07.2019.
This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 7.10.2015 passed in MVC No.534/2015 on the file of Senior Civil Judge and MACT, Maddur, 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 preferred by the injured/claimant in MVC No.534/2015 on the file of Senior Civil Judge and MACT, Maddur, wherein a sum of Rs.40,000/- has been awarded with interest at 7% p.a. for the injuries sustained by him in a road traffic accident.
2. Learned counsel for the appellant/claimant and learned counsel for respondent No.2 - Insurance Company have filed a joint memo and submits that the matter has been settled in terms of the joint memo filed and the appeal may be disposed of accordingly.
3. The joint memo is signed by the learned counsel appearing on both sides. It is stated therein that the appellant has agreed to receive and the respondent No.2/Insurance Company has agreed to pay a lump sum of Rs.30,000/- in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
4. Joint memo is placed on record.
In view of the joint memo filed by the respective parties, this appeal is disposed of.
The judgment and award dated 7.10.2015 passed in MVC No.534/2015 on the file of Senior Civil Judge and MACT, Maddur, is hereby modified.
Appellant/claimant is entitled for additional sum of Rs.30,000/- as global compensation in addition to what has been awarded by the Tribunal.
Sd/- JUDGE Bkm