IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A. No.3694/2019(MV) BETWEEN:
M/S. NATIONAL INSURANCE COMPANY LIMITED MOODABIDRI BRANCH, 1ST FLOOR, NITHYANANDA COMPLEX, NEAR BUS STAND, MOODABIDRI, MANGALORE TLAUK.
REPRESENTED BY ITS REGIONAL OFFICE SITUATE AT No.144, M.G.ROAD, BANGALORE - 560 001.
REPRESENTED BY MRS.C K PARIMALA, ADMINISTRATIVE OFFICER.
(BY SMT GEETHA RAJ, ADVOCATE) AND:
1 . MRS. LEELAMMA JOSEPH W/O LATE JOSPEH AGED ABOUT 66 YEARS RESIDING AT AYINTIKKAL HOUSE, MUNDAPRAM, PANAPUZHA POST, MATHAMANGALAM KANNUR, KERALA - 670 306.
..APPELLANT 2 . MRS. USHA W/O LATE. SOJAN AGED ABOUT 44 YEARS.
3 . MR. JOBIS AGED ABOUT 26 YEARS 4 . MRS. JAYAKANTH AGED ABOUT 24 YEARS 5 . MISS. JOSNA AGED ABOUT 21 YEARS RESPONDENT NOs. 3 TO 5 ARE THE CHILDREN OF LATE SOJAN, RESPONDENT Nos.2 TO 5 ARE RESIDING AT 1-124D PENCHARU HOUSE, MANTRADY VILLAGE, MANGALORE TALUK – 574 236.
6 . MRS. GRETTA VOILET PINTO W/O MR. RICHARD PINTO AGED ABOUT 40 YEARS RESIDING AT No. 3-34, FELIX PINTO COMPOUND, ANEGUDDE, VALPADY POST AND VILLAGE, MANGALORE TLAUK – 574 236.
…RESPONDENTS (BY SRI DHANANJAY KUMAR, ADVOCATE FOR R-1 TO R5 R-6 SERVED – UNREPRESENTED) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2019 PASSED IN MVC No.1058/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND AMACT, KARKALA, AWARDING COMPENSATION OF Rs.18,70,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant Smt. Geetha Raj and learned counsel Sri.Dhananjay Kumar for respondent Nos. 1 to 5 present. They file a memo dated 27.11.2019 . The same is taken on record.
2. Memo dated 27.11.2019 reads as under: “It is respectfully submitted as follows:
That the undersigned counsels for the Appellant and Respondent Nos. 1 to 5 submit that, the above appeal field by the Company may be allowed in part by modifying the Judgment and Award passed by the Senior Civil Judge and Additional MACT, Karkala in MVC No.1058/2018 by reducing the compensation to Rs.17,50,000/- as against Rs.18,70,000/- awarded by the Tribunal. The counsel appearing for the respondent Nos. 1 to 5 consents for the reduction of Rs.1,20,000/- under conventional heads together with interest at the rate of 8% p.a.”
3. The compromise as stated in the memo appears to be lawful and accepted.
4. The appeal is disposed of in terms of the memo. The impugned judgment and award is modified accordingly.
The amount in deposit be transmitted to the jurisdictional Tribunal forthwith.
tsn* Sd/- JUDGE