IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO. 2626 OF 2017 ( MV ) CONNECTED WITH MFA CROB. NO. 96 OF 2018 ( MV ) IN MFA NO. 2626/2017 : BETWEEN M/S NEW INDIA ASSURANCE COMPANY LIMITED DIVISIONAL OFFICE NO.11, 4TH FLOOR TOWER BLOCK UNITY BUILDINGS J.C.ROAD BENGALURU-560002 NOW REP. BY ITS APPEALS HUB DIVISIONAL OFFICE-III 2ND FLOOR MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU-560001 REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY.
... APPELLANT (BY SRI. A. M. VENKATESH- ADVOCATE) AND 1. SMT. D. GAYATHRI W/O LATE D. MURALI AGED ABOUT 27 YEARS, 2. MASTER D. JAGADISH S/O LATE D. MURALI AGED ABOUT 7 YEARS SINCE MINOR, REP. BY HIS MOTHER/NATURAL GUARDIAN SMT. D. GAYATHRI RESPONDENT NO.1 HEREIN.
3. SRI D. SHIVAIAH S/O LATE CHINNABBA @ VENKATAPPA AGED ABOUT 61 YEARS 4. SMT. D. MANGAMMA W/O D. SHIVAIAH AGED ABOUT 59 YEARS 5. SRI D. SATHISH S/O SRI D. SHIVAIAH AGED ABOUT 20 YEARS ALL ARE RESIDING AT KOGILERU VILLAGE KALLUPALLI, PALAMANER TALUK CHITTOOR DISTRICT ANDHRA PRADESH-515001.
6. SRI KAKARALA CHANDRA SHEKAR S/O K. CHANDRAYUDU MAJOR R/O NO.16-1293 SRINIVASAPURAM TADAPATHRI ANANTHAPURAM DISTRICT ANDHRA PRADESH PIN-515411.
... RESPONDENTS (BY SRI. GOPALKRISHNA .N – ADV., FOR R1 TO R5; SINCE R-2 MINOR, REP. BY R-1, NOTICE TO R6 DISPENSED WITH VIDE ORDER DATED 27.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.02.2017 PASSED IN MVC NO.2697/2016 ON THE FILE OF THE 8TH ADDITIONAL SCJ & 33RD ACMM, MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.20,72,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
MFA CROB. NO.96/2018 : BETWEEN 1. SMT. D. GAYATHRI W/O LATE D. MURALI NOW AGED ABOUT 28 YEARS, 2. MASTER D. JAGADISH S/O LATE D. MURALI NOW AGED ABOUT 8 YEARS 3. SRI D. SHIVAIAH S/O LATE CHINNABBA @ VENKATAPPA NOW AGED ABOUT 62 YEARS 4. SMT. D. MANGAMMA W/O D. SHIVAIAH NOW AGED ABOUT 60 YEARS 5. SRI D. SATHISH S/O D. SHIVAIAH NOW AGED ABOUT 21 YEARS 2ND MINOR CROSS-OBJECTOR IS REPRESENTED BY NATURAL GUARDIAN/MOTHER 1ST CROSS-OBJECTOR HEREIN.
ALL ARE RESIDING AT KOGILERU VILLAGE KALLUPALLE, PALAMANER TALUK ANDHRA PRADESH.
... CROSS OBJECTORS (BY SRI. GOPALKRISHNA .N - ADVOCATE) AND 1. THE NEW INDIA ASSURANCE COMPANY LIMITED DIVISIONAL OFFICE NO.11, 4TH FLOOR TOWER BLOCK UNITY BUILDINGS J.C.ROAD BENGALURU-560002.
2. SRI KAKARALA CHANDRA SHEKHAR S/O K. CHANDRAYUDU MAJOR IN AGE RESIDING AT NO.16-1293 SRINIVASAPURAM TADAPATHRI ANANTHAPURAM DISTRICT ANDHRA PRADESH PIN-515411.
... RESPONDENTS (BY SRI. A. M. VENKATESH – ADVOCATE FOR R-1 NOTICE TO R-2 IS DISPENSED WITH) THIS MFA CROB IN MFA 2626/2017 FILED UNDER ORDER 41 RULE 22(1) OF CPC, R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2017 PASSED IN MVC NO. 2697/2016 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM, MEMBER, MACT, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA AND MFA. CROB COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel for the appellants and the respondents respectively in both these appeals.
2. The factual matrix of the appeals is as follows: It is stated that on 25.03.2016 at about 5.45 a.m.
the deceased D. Murali was riding a TVS Star City motor cycle bearing Reg. No.AP-03-BG-8994 towards Punganur from Palamaner side. When he neared Mabbuvallapeta village, Gangavaram Mandal on Palamaner-Punganur Road, at that time, a lorry bearing Reg.No.AP-02-TC-4479 is said to have come from the opposite side in a rash and negligent manner at high speed and had dashed against the motor cycle of the deceased, as a result of which he sustained grievous head injuries and succumbed to the injuries at the spot itself. Hence, a claim petition was filed before the concerned Tribunal by the legal representatives of the deceased D. Murali seeking compensation owing to the death of the rider of the vehicle the accident. The Tribunal on hearing the arguments advanced by the learned counsel for the parties and on appreciating the entire evidence on record, by its impugned judgment awarded compensation of Rs.20,72,000/- to be apportioned as per the award, among the respective claimants.
3. The appeal in MFA.No.2626/2017 has been filed by the Insurance Company challenging the liability as well as the quantum of compensation awarded by the Tribunal in respect of the legal representatives of the deceased. The connected appeal in MFA.Crob.96/2018 has been filed by the legal representatives of the deceased Murali seeking enhancement of compensation awarded by the Tribunal.
4. But however, learned counsel for the Insurance Company – Appellant in MFA 2626/2017 as well as the learned counsel for the legal representatives of the deceased Murali – Appellants in MFA Crob.96/2018 are present before court and both of them submit that they are reporting settlement orally. As against Rs.20,72,000/- awarded by the Tribunal with interest at 9% p.a, the claimants have agreed to receive the compensation in a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs) with interest at 6% per annum from the date of petition till the date of realisation, and seek that the appeals may be disposed of as having settled in the said terms.
5. In view of the oral submission made by the learned counsel for both the parties, I proceed to pass the following:
O R D E R The appeal in MFA No.2626/2017 and the appeal in MFA.Crob.96/2018 are allowed in part. The New India Assurance Company Limited – Appellant in MFA No.2626/2017 shall pay the appellants in MFA.Crob.96/2018 - claimants, a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs) with interest at 6% from the date of petition till the date of realisation, by way of full and final settlement of their claims. The amount in deposit if any in MFA No.2626/2017 shall be transmitted to the concerned Tribunal forthwith. The difference amount shall be deposited by the Insurance Company before the Tribunal, within a period of four weeks from the date of receipt of a certified copy of this order. Though the rate of interest is reduced to 6% from 9% awarded by the Tribunal, however, the compensation shall be apportioned among the claimants in terms of the award passed by the Tribunal.
Office to draw a decree accordingly.
SD/- JUDGE KS