IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.2259/2017 (MV) BETWEEN N Nagesha Aged about 41 years S/o Late Narayanappa R/at Bagalur Bagalur Post Jala Hobli Bangalore North Taluk.
(By Sri A Sreenivasaiah, Advocate) AND 1. Kamalesh Kumar Jha No.32-38, 1st Cross 16th Main, N.S. Palya B.T.M. 2nd Stage Bangalore-560 076.
2. The Manager HDFC ERGO Gen. Ins. Co. Ltd. Unit No.108 to 111 1st Floor, H.M. Geneva House No.14, Cunningham Road …APPELLANT Bangalore-560 052. (Old Address) 3. The Manager HDFC ERGO Gen. Ins. Co. Ltd. No.25/1, 2nd Floor, No.2 Shankaranarayana Building M.G. Road Bangalore-560 001 (New Address) …RESPONDENTS (By Sri H S Lingaraju, Advocate for R2 Notice to R1 dispensed with vide order dated 28.06.2017) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 31.12.2016 passed in MVC No.3263/2015 on the file of the XXII Additional Small Causes Judge and XX A.C.M.M. and Member M.A.C.T., Bengaluru partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Learned Counsel for the appellant and the learned Counsel for respondent-insurance company have filed a joint memo stating that the claim is settled by way of compromise wherein the respondent-insurance company has agreed to pay Rs.1,40,000/- by way of full and final settlement.
2. The compromise appears to be lawful and it is accordingly accepted.
3. The appeal stands disposed of accordingly.
Sd/- JUDGE Cs/-