IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B V NAGARATHNA AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A.NO.2489 OF 2015 (MV D) BETWEEN:
BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., # 5, 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE – 01, NOW REPRESENTED BY ITS DEPUTY MANAGER LEGAL SHIRAM GENERAL INSURANCE CO. LTD., #5/4, 3RD FLOOR, S V ARCADE, BILAKALLI MAIN ROAD, OFF: B.G.ROAD, IIM POST, BENGALURU – 560 076. …APPELLANT (BY SRI A N KRISHNA SWAMY, ADVOCATE) AND:
1. CHANDRESH, S/O. NAVIN CENDRA, NOW AGED ABOUT 30 YEARS.
2. JAIYANTHILAL T. PANCHAL, S/O. LATE TOKERSHI, NOW AGED ABOUT 58 YEARS.
3. SMT.BHARATHI, W/O. JAIYANTHILAL T. PANCHAL, NOW AGED ABOUT 52 YEARS, ALL R/AT #1829, II FLOOR, SRI RAJA RAJESHWARI NILAYA, SRI KRISHNA STORE, K.K.HALLI, BANGALORE, PERMANENT ADDRESS OF RESPONDENTS NO.2 AND 3 HEREIN IS NO.9, SAYAJIGANI DISTRICT, BARODA.
4. H.R.MANJUNATH, S/O. RAMASWAMY H.C., #550, RAGHAVENDRA NILAYA, HOODI GARDEN, M D PURA POST, BANGALORE – 560 048. … RESPONDENTS (BY SRI K.T.GURUDEV PRASAD, ADVOCATE FOR R4; SRI MUNIYAPPA D NAVEEN, ADVOCATE FOR R1 TO R3) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.12.2014 PASSED IN MVC NO.4875/2011 ON THE FILE OF THE XV ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, AWARDING COMPENSATION OF RS.18,26,736/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is listed for admission. Learned counsel for the respective parties jointly submit that during the pendency of this appeal they have negotiated a settlement and that they are reporting settlement.
2. The Insurance Company has filed this appeal assailing the judgment and award passed in MVC No.4875/2011 dated 03.12.2014 by the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as the Tribunal).
3. Learned counsel for the respective parties submit that the Tribunal awarded a total compensation of Rs.18,26,736/- with interest at the rate of 6% p.a. from the date of the claim petition till realization by fastening the liability jointly and severally on the owner as well as insurer.
4. The insurer has preferred this appeal seeking reduction in the quantum of compensation awarded by the Tribunal.
5. As already noted the parties have arrived at a negotiated settlement. Learned counsel for the respective parties have filed a joint memo stating that the respondent claimants have agreed to accept global compensation of Rs.21,93,307/-. Joint memo is taken on record. It is signed by both the parties and their counsel.
6. Learned counsel for the respective parties submit that the appeal may be disposed of in terms of the joint memo.
7. In the circumstances, the quantum of compensation awarded by the Tribunal is substituted by global compensation of Rs.21,93,307/-. The appeal filed by the insurer is allowed in part.
Parties to bear the respective costs.
The amount in deposit to be transmitted to the Tribunal.
The insurance company shall deposit the compensation amount before the concerned Tribunal within a period of three weeks from the date of receipt of certified copy of this judgment.
Office to transmit the LCR to the concerned Tribunal forthwith.
Sd/- JUDGE Sd/- JUDGE ykl