IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.1339/2018 (MV) C/w MISCELLANEOUS FIRST APPEAL NO. 1791/2018 (MV) In MFA No.1339/2018 Between:
The Oriental Insurance Co. Ltd., Branch Office Kundapura 1st Floor, Masthi Tower Main Road, Masthi Katte Kundapura.
Now Represented by its Regional Manager Regional Office, 2nd floor Sumangala Complex Lamington Road Hubli – 580 020. ... Appellant (By Smt. Harini Shivananda, Advocate) And:
1. Narayana Devadiga S/o. Rama Aged about 44 years R/at. Bada Byndoor Village Kundapura Taluk – 576 214.
2. Sri Subhash Devadiga S/o. Babu Devadiga Major R/o. Havali Mane Bada Byndoor Village Kundapura Taluk – 576 214. … Respondents (By Sri Nagaraja Hegde, Adv. for R1) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 07.09.2017 passed in MVC No.937/2016 on the file of the Senior Civil Judge, Member, Additional MACT, Kundapura, awarding compensation of Rs.6,29,027/- with interest at 6% p.a. on Rs.6,13,027/- from the date of accident till realization.
In MFA No.1791/2018 Between:
Narayana Devadiga S/o. Rama Aged about 46 years R/at. Bada Byndoor Village Kundapura Taluk – 576 201. ... Appellant (By Sri Nagaraja Hegde, Advocate) And:
1. Sri Subhash Devadiga S/o. Babu Devadiga Major R/o. Havali Mane Bada Byndoor Kundapura Taluk – 576 201.
2. Oriental Insurance Co. Ltd., Branch Office :
Kundapura 1st Floor, Masthi Tower Main Road, Masthi Katte Kundapura – 576 201.
Rep. by its Branch Manager. … Respondents (By Smt. Harini Shivananda, Adv. for R2 Notice to R1 is D/w vide order dtd: 25.03.2019) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 07.09.2017 passed in MVC No.937/2016 on the file of the Senior Civil Judge, Member, Additional MACT, Kundapura allowing the claim petition for compensation and seeking enhancement of compensation.
These Appeals are coming on for orders this day, the Court delivered the following:
J U D G M E N T I have heard Smt. Harini Shivananda, learned counsel appearing for the insurance company and Sri Nagaraja Hegde, learned counsel appearing for the claimant.
2. MFA No.1339/2018 is filed by the insurance company and MFA No.1791/2018 is filed by the claimant. Both the appeals are directed against the judgment and award dated 07.09.2017 passed by the Court of Senior Civil Judge and Additional MACT, Kundapura in MVC No.937/2016, wherein a total compensation of Rs.6,29,027/- with interest at 6% p.a. on Rs.6,13,027/- has been awarded and respondent Nos.1 and 2 are held jointly and severally liable to pay the compensation. Respondent No.2/ insurance company has been directed to deposit the award amount.
3. The learned counsel appearing for the claimant as well as the learned counsel appearing for insurance company have filed a joint memo stating that the parties to the appeals have settled the matter for a global compensation of Rs.5,40,000/- (Rupees Five Lakh Forty Thousand only).
4. The learned counsel for the parties submit that in view of the joint memo filed by them, the above appeals may be disposed of in accordance with the said joint memo.
5. The joint memo is placed on record.
6. The judgment and award dated 07.09.2017 passed in MVC No.937/2016 on the file of the Court of Senior Civil Judge and Additional MACT, Kundapura is hereby modified.
7. The claimant is entitled for a global compensation of Rs.5,40,000/- inclusive of interest as against Rs.6,29,027/- with interest awarded by the Tribunal.
8. The insurance company shall deposit the entire amount before the Tribunal.
9. Both the appeals are disposed off.
The amount in deposit before this Court shall be transmitted to the Tribunal for disbursement of compensation to the claimant.
All pending I.A.’s are disposed of accordingly.
nms SD/- JUDGE