IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K. SOMASHEKAR M.F.A. No.2495/2018 (MV) BETWEEN:
K. SHIVGANGAIAH S/O. LATE KARIYAPPA, AGED ABOUT 55 YEARS, R/O. K. SHETTIHALLI VILLAGE AND HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT – 571 438. ... APPELLANT (BY SRI SREENIVASAN M.Y., ADVOCATE) AND:
1. KRISHNEGOWDA S/O. HUCHEGOWDA, MAJOR, R/AT GOWDAHALLI VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT – 571 438.
2. THE MANAGER (LEGAL) HDFC ERGO GENERAL INSURANCE CO. LTD., SHANKARANARAYANA BUILDING, M.G. ROAD, BENGALURU – 560 001. ... RESPONDENTS (BY SRI H.S. LINGARAJ, ADVOCATE FOR R-2; NOTICE TO R-1 DISPENSED WITH) ***** THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.11.2017 PASSED IN MVC NO.1411/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is preferred by the appellant against the judgment and award passed by learned Prl. Senior Civil Judge & MACT, Srirangapatna, in MVC.No.1411/2016 dated 27/11/2017 wherein, the Tribunal has awarded compensation of Rs.2,65,170/- with interest at 9% p.a.
2. Appellant as well as respondent No.2 have filed joint memo dated 18/01/2019 stating that appellant has agreed to receive and respondent No.2 has agreed to pay a sum of Rs.50,000/-, in addition to the compensation awarded by the Tribunal, in full and final settlement of the claim. The said memo is placed on record.
3. Accordingly, appeal is disposed of in terms of the settlement arrived at between the parties.
Keeping in view of the joint memo filed in this appeal, respondent No.2 shall deposit lump-sum amount of Rs.50,000/- [Rupees fifty thousand only], within a period of four weeks from the date of receipt of a copy of this appeal.
In the circumstances, the amount of Rs.50,000/- if deposited by respondent No.2, shall be released in favour of the appellant/claimant on proper identification.
SD/- JUDGE *mvs