IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.1261/2018 (MV-I) Between:
Ramu.K.
S/o Kullaiah, Aged aobut 55 years, R/o Haralahalli Village, Kasaba Hobli, Pandavpura Taluk, Mandya District – 571434. ... Appellant (By Sri V.N.Madhava Reddy, Advocate) And:
1. Babu.C S/o Channegowda, R/o Kennalu Village, Kasaba Hobli, Pandavapura Taluk, Mandya District – 571434.
2. The Manager(Legal), IFFCO-TOKIO General Insurance Co. Ltd., No.3 & 5, above Rebook Showroom, Kuvempunagara, Near Akshaya Bhandar, Mysuru - 570024.
... Respondents (By Sri Muralidhar Naganoor, Advocate for R2; Notice to R1 is dispensed with) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the Judgment and Award dated 03.01.2017, passed in MVC.No.761/2013, on the file of the Principal Senior Civil Judge & JMFC., Pandavapura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T This appeal is preferred by the injured claimant seeking enhancement of compensation awarded by the MACT passed in MVC No.761/2013, wherein a total compensation of Rs.1,04,960/- has been awarded with interest @ 9% per annum.
2. The learned counsel on both sides have filed a Joint Memo stating that they have amicably settled the claim and as full and final settlement, respondent No.2/insurance company has agreed to pay a lump sum of Rs.90,000/- to the appellant/claimant as an additional compensation over and above the compensation awarded by the Tribunal. The learned counsel for the appellant submits that the appellant has agreed to accept the said amount.
3. The Joint memo is placed on record.
The appeal is disposed off in terms of the Joint Memo. Accordingly, I pass the following:-
ORDER i) The judgment and award dated 3rd January, 2017, passed in MVC.No.761/2013 on the file of the Principal Senior Civil Judge & JMFC, Pandavapura, is herby modified.
ii) The appellant/claimant is entitled for an additional sum of Rs.90,000/- as global compensation over and above the compensation awarded by the tribunal.
iii) The compensation amount shall be deposited by the respondent No.2/insurance company within two months from the date of this order.
Sd/- JUDGE DS