IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL M.F.A.NO.1274 OF 2015 (MV ) BETWEEN:
THE MANAGER H.D.F.C. ERGO GENERAL INSURANCE CO. LTD 1ST FLOOR, H.M.GENEVA HOUSE NO.14, CUNNINGHAM ROAD BANGALORE – 560 001 REPRESENTED BY ASST. MANAGER – LEGAL PRESENT ADDRESS THE HDFC ERGO GEN. INS. CO. LTD 2ND FLOOR, NO.25/1, BUILDING NO.2 SHANKARNARAYANA BUILDING M.G.ROAD BANGALORE – 560 001 …APPELLANT (BY SRI.D.VIJAYA KUMAR, ADVOCATE) AND:
1. SRI.SRINIVAS RAO S/O SRI. SAMBHASHIVA RAO AGED ABOUT 48 YEARS R/AT PIRECHARAL VILLAGE MEDIKONDUR, GUNTUR DISTRICT ANDHRA PRADESH 2. S.V.R. TOORS & TRAVELS NO.326, HANUMARA TSP ROAD KALASIPALYA BANGALORE – 560 002 ... RESPONDENTS (BY SRI.JAGADISH KUMBAR, ADV., FOR SRI.N.GOPALKRISHNA, ADV., R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2014 PASSED IN MVC NO.6612/2012 ON THE FILE OF THE 16TH ADDITIONAL SMALL CAUSES JUDGE, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.9,56,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel appearing for both the parties have filed a joint memo contending that the appellant and the respondents have mutually settled the dispute by agreeing to reduce the compensation from Rs.9,56,000/- to Rs.7,50,000/- with interest at 6% per annum from the date of the petition till realization and prays for disposal of the above appeal in terms of the joint memo.
2. The joint memo is taken on record. In terms of the joint memo, the appeal is disposed of. The Registry is directed to transmit the amount in deposit to the Tribunal forthwith.
Draw the compromise decree accordingly.
SD/- JUDGE KLY/