IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO. 1057 OF 2017 ( MV ) CONNECTED WITH MFA NO. 8026 OF 2016 ( MV ) IN MFA NO.1057/2017 : BETWEEN 1. GANGAMMA 47 YEARS W/O THIMMAIAH 2. THIMMAIAH 57 YEARS S/O LATE KUMBI NARASAIAH BOTH ARE RESIDING AT BUGUDANAHALLY BELLAVI HOBLI TUMAKURU TALUK AND DISTRICT.
... APPELLANTS (BY SRI. PATEL D. KAREGOWDA - ADVOCATE) AND 1. SHANTHAKUMAR 49 YEARS S/O SHIVANNA R/O MUDDARAMAIAHNA PALYA KORA HOBLI TUMAKURU TALUK AND DISTRICT.
2. SHRIRAM GENERAL INSURANCE COMPANY LIMITED NO.G-3, MUNAROCK CHURCH 3RD FLOOR, INFANTRY ROAD BENGALURU – 560 001 BY ITS MANAGER.
... RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA– ADV., FOR R-2 R-1 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2016 PASSED IN MVC NO.833/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 8026/2016 : BETWEEN M/S SHRIRAM GENERAL INSURANCE COMPANY LIMITED NO.G-3, MUNAROCK CHURCH 3RD FLOOR, INFANTRY ROAD BANGALORE – 560 001 NOW REPRESENTED BY M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD IIMB POST, BANGALORE REPRESENTED BY ITS ASSISTANT MANAGER.
... APPELLANT (BY SRI. B.C. SHIVANNE GOWDA - ADVOCATE) AND 1. GANGAMMA W/O THIMMAIAH NOW AGED ABOUT 47 YEARS 2. THIMMAIAH S/O LATE KUMBI NARASAIAH AGED ABOUT 57 YEARS BOTH ARE RESIDING AT BUGUDANAHALLI BELLAGAVI HOBLI TUMAKUR TALUK.
3. SHANTHAKUMAR S/O SHIVANNA AGED ABOUT 48 YEARS R/O MUDDARAMAIAHNAPALYA KORA HOBLI TUMKUR TALUK.
... RESPONDENTS (BY SRI. PATEL D. KAREGOWDA – ADV., FOR R-1 & R-2; R-3 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2016 PASSED IN MVC NO. 833/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.10,27,325/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT MFA No.1057/2017 is preferred by appellants/claimants against the judgment and award dated 04.06.2016 rendered by the Tribunal in MVC No.833/2014 seeking enhancement of compensation.
2. MFA No.8026/2016 is preferred by the appellant/insurance company against the judgment and award dated 04.06.2016 rendered by the Tribunal in MVC No.833/2014 challenging the liability.
3. The factual matrix of the appeals is as under:
It is stated in the claim petition that on 14.03.2014 at 9.45 a.m. when deceased T.Gangadhara was riding his motorcycle bearing Reg.No.KA-06-EP- 4858 on Koratagere-Tumkur road, near Seethkalpalya of Kora Hobli, Tumkur Taluk, the driver of the tractor-
trailer bearing Reg.No.KA-40-T-6360-6304 drove it in high speed, rash and negligent manner and dashed against the motorcycle of T.Gangadhara. Due to the said impact, he fell down and sustained grievous bleeding injuries on his head, chest, left leg, face and other parts of all over his body. Immediately, after the accident, he was shifted to Government Hospital, Tumkur as inpatient for four days. Further, he was shifted to M.S.Ramaiah Hospital, Bangalore on 17.03.2014 for higher treatment. On the same day he succumbed to the injuries. Due to the untimely death of their son, the petitioners being his parents filed the claim petition seeking compensation.
4. On issuance of summons to the respondents, they appeared before the Tribunal and filed separate written statements denying the petition averments. The Tribunal on evaluation of entire oral and documentary evidence on record, passed the impugned judgment, awarding compensation of Rs.10,27,325/- with interest @ 6% p.a. from the date of petition till realisation. It is this judgment which is challenged by the claimants seeking enhancement and insurance company on the question of liability.
5. Today the case is listed for reporting settlement.
Learned counsel for the parties have filed a compromise memo under Order 23 Rule 3 read with Section 151 of CPC and the same reads as under:
“The above appeals are filed by the appellant insurance company and also by the petitioner challenging the Judgment and Award passed by the Court of the II Addl.Senior Civil Judge and Motor Accidents Claims Tribunal at Tumakuru in MVC No.833/2014, awarding the compensation in a sum of Rs.10,27,325/- with 6% interest and directing the appellant herein to pay the same.
It is respectfully submitted that appellant and respondent no 1 and 2 herein have agreed to settle the matter amicably for a sum of Rs.14,50,000/- inclusive of interest, as against the award of Rs.10,27,325/- with 6% interest in full and final satisfaction of the claim.
Hence it is respectfully prayed that this Hon’ble Court may be pleased to pass the Decree by accepting the compromise memo in the interest of justice and equity.”
Learned counsel for the parties submit that the appeals may be disposed of in terms of the compromise memo. The compromise memo is placed on record. Keeping in view the submission made by the learned counsel on both sides, I proceed to pass the following:
ORDER MFA No.1057/2017 preferred by the claimants and MFA No.8026/2016 preferred by the insurance company are disposed of in terms of the compromise memo. The impugned judgment and decree dated 04.06.2016 rendered by the MACT in MVC No.833/2014 is modified, accordingly.
The amount if any, deposited in MFA No.8026/2016 shall be transmitted to the concerned Tribunal, forthwith.
There shall be no order as to costs. Office is directed to draw the decree, accordingly.
SD/- JUDGE DKB