IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT MISCELLANEOUS FIRST APPEAL No.4803/2018 (MV) Between:
Krishnamurthy V @ Krishna, S/o. Oddogallaiah, Aged about 52 years, R/at Siddaiahnahundi village, T.Narasipura Tq, Mysuru District-570031.
(By Sri. M.Y.Sreenivasan, Advocate) And 1. Puttamadegowda S/o. Vaderagowda, Major, R/at Alanahalli village & Post, Kollegala Tq, Chamarajanagara Dist-571441.
... Appellant 2. The Branch Manager, ICICI Lombard Motor Insurance Co. Ltd, No.204, Mythri Arcade, Kantharaje Urs Road, Saraswathipuram, Jayanagara, Mysuru-570005.
... Respondents (By Sri. B.Pradeep, Advocate for R2;
Notice to R1 dispensed with v/o dtd:13.08.2019) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated:08.03.2018 passed in MVC No.24/2014 on the file of the Senior Civil Judge and JMFC, MACT, T.Narasipura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal is coming on for Orders this day, the Court made the following:
JUDGMENT This appeal by the claimant challenges the judgment and award dated 08.03.2018 made by the Senior Civil Judge & MACT, Tirumakudalu Narasipura in MVC No.24/2014, whereby the compensation of Rs.4,22,523/- has been awarded.
2. After service of notice, the respondent- Insurer having entered appearance and notice to others having been dispensed with, now both the learned counsel have filed a joint memo reporting the settlement with a request to dispose of this appeal in terms thereof. The joint memo reads as under:-
“The MFA filed against the Judgment and Award dated 08-3-2018 in MC 24/2014 on the file of the Senior Civil Judge & MACT, T.Narasipura. The parties to the appeal have settled their claim before this Hon’ble court on the following terms:
The Appellant has agreed to receive and Respondent No-2 ICICI LOMBARD MOTOR INSURANCE CO LTD., has agreed to pay a Lump- Sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) in addition to the what has been awarded by the tribunal, in full and final settlement of the claim.
The Respondent No-2 ICICI LOMBARD MOTOR INSURANCE CO LTD., has agreed to deposit the said amount before the tribunal within Four weeks from the date of receipt of this order.”
3. The terms of settlement are just and reasonable. There is no reason to doubt bonafide of the settlement nor there is any impediment for disposal of this appeal in accordance with the settlement.
4. In the above circumstances, this appeal is disposed of in terms of the settlement modifying the impugned judgment and award accordingly.
5. Lower court records to be sent back immediately.
Sd/- JUDGE RB