IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K. SOMASHEKAR MISCELLANEOUS FIRST APPEAL No.10189/2018 BETWEEN:
THE CLAIM MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED., NO.302, 3RD FLOOR, S & S CORNER, BUILDING, NEXT TO KAMATH HOTEL, OPP:BOWRING HOSPITAL BANGALORE-560 001 BY SHRIRAM GENERAL INSURANCE CO.LTD., 5/4, 3RD CROSS, S V ARCADE, BELAKANAHALLI MAIN ROAD, OPP:BANNERAGHATTA MAIN ROAD, II M.B.POST, BANGALORE-560 076. BY ITS MANAGER.
... APPELLANT (BY SRI O. MAHESH, ADVOCATE) AND:
1. HARISH S, AGED 32 YEARS, S/O SAMPANGAPPA, RESIDING AT MARALAKUNTE VILLAGE, BAGALURU POST, JALA HOBLI, BANGALORE-562 149.
2. VIKRAM M MAJOR, S/O MARIYANNA G M R/O NO.17,GANTIGANAHALLI VILLAGE AND POST, DODDABALLAPURA, BANGALORE-561 203.
... RESPONDENTS (BY SMT. RADHA Y., ADVOCATE FOR SRI MUNIYAPPA D. NAVEEN, ADVOCATE FOR R-1) ***** THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.10.2018 PASSED IN MVC NO.6713/2017 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE & XXIII ACMM, MEMBER, MACT, BENGALURU, MAYO HALL UNIT, [SCCH-19] AWARDING COMPENSATION OF Rs.11,59,400/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This matter is posted for orders. In the meanwhile, learned counsel for the appellant and respondents submit that they have filed a joint memo reporting settlement of case between the parties. Therefore, matter is taken up for final disposal.
2. The factual matrix of the appeal is as under:
It is stated in the claim petition that on 06.10.2017 at about 10.00 am, when the petitioner was riding a motor cycle bearing registration No.KA-03/S-1251, slowly and cautiously, on Bagalur-Budigere Main Road, when he reached near Maralukuntekere, Maralukunte village, Jala Hobli, Bengaluru post, Bengaluru city, at that time, one Tata Indica car bearing registration No.KA-50/A-1056 driven by its driver in a rash and negligent manner, came at a high speed from opposite direction and dashed to the petitioner’s vehicle, as a result of which, petitioner fell down and sustained grievous injuries. Subsequently, the injured was shifted to Shushrusha Hospital, where he took treatment as an inpatient and also underwent surgery. Therefore, petitioner filed claim petition before the Tribunal, seeking compensation.
3. In pursuance of service of notice, in respect of first respondent therein, he did not participate in the proceeding. But the second respondent/Insurer entered appearance through counsel and filed written statement resisting the claim petition.
4. Based upon the pleadings of the parties, the Tribunal framed issues and gave its findings by assigning reasons. It is reflected in the impugned judgment and award rendered by the Tribunal that the Tribunal has awarded compensation in a sum of `11,59,400/- with interest at 9% per annum which is incorporated in the operative portion of the judgment.
5. In this appeal, joint memo is filed which is signed by the learned counsel for appellant, first respondent and learned counsel for the first respondent, wherein it is stated that both the parties have settled their dispute in this appeal for `10,09,362/- instead of `11,59,362/- and interest at 6% per annum on the agreed amount of `10,09,362/- in full and final settlement of the claim. The said joint memo is placed on record.
6. Accordingly, the impugned judgment and award is modified as per the joint memo. The appellant/claimant is entitled to receive compensation of `10,09,362/- with interest at 6% per annum. Accordingly, the appeal is disposed of.
7. If any amount is deposited in this appeal in pursuance of the order, the same shall be transmitted to the concerned Tribunal, forthwith, for disbursal to the claimant, on proper identification. The appellant/Shriram General Insurance Company Limited is directed to deposit the entire award amount with interest as stated supra, before the concerned Tribunal, in accordance with law.
Office to draw the award, accordingly.
SD/- JUDGE kcm