IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.2357 OF 2014 [MV] BETWEEN THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY AUTHORISED SIGNATORY AT REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001. ... APPELLANT [BY SRI. SRISHAILA S., ADVOCATE] AND 1. GANGADHAR, S/O. LATE NANJUNDAIAH, AGED ABOUT 52 YEARS, 2. SMT.SUJATHA, W/O. GANGADHAR, AGED ABOUT 39 YEARS, 3. RAKSHITA, D/O. GANGADHAR, AGED ABOUT 17 YEARS, BEING A MINOR, REPRESENTED BY FATHER MR.GANGADHAR-RESPONDENT NO.1.
R1 TO R3 ARE R/AT NO. 26/1, 12TH CROSS, MAGADI MAIN ROAD, AGRAHARADASARAHALLI, BANGALORE-560 079.
3. SURAJ S.R., MAJOR, NO.49/1, BESTAHGERI, CHAMARAJA MOHALLA, MYSORE-570 004. ... RESPONDENTS [NOTICE TO R-4 IS DISPENSED WITH VIDE COURT ORDER DATED 09.11.2015.
R-3 IS MINOR REPRESENTED BY R-1] * * * THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.12.2013 PASSED IN MVC NO.7039/2012 ON THE FILE OF COURT OF SMALL CAUSES, XI ADDL. JUDGE & MACT., BENGALURU (SCCH-12), AWARDING A SUM OF Rs.8,35,000/- WITH COSTS AND SIMPLE INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant/Insurance Company has filed a memo, which reads as under:
“The above appeal is filed on quantum aspect only. The liability of insurance company is admitted. The Tribunal had granted a compensation of Rs.8,35,000/-.
The claimants has filed an appeal seeking enhancement of Compensation awarded by the Tribunal below, in MFA 7440/2014.
The said appeal MFA 7440/2014 has been compromised and settled before the Lok Adalath dt: 20.12.2018 for Rs.8,35,000/- and disposed off.
Under the circumstances, the appellant submits that the above appeal filed by the insurance company [MVC 2357/2014] may kindly be disposed and the amount is deposit in the appeal may kindly be transferred to the Tribunal for disbursal to the claimants.”
2. The memo is taken on record.
In view of the memo, the appeal is disposed off.
The amount in deposit shall be transferred to the Tribunal for disbursement to the claimants.
In view of disposal of this appeal, I.A. No.1/2014 filed for stay does not survive for consideration and the same is accordingly disposed off.
Sd/- JUDGE.
Ksm*