IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE K. SOMASHEKAR Miscellaneous First Appeal No. 926 of 2018 BETWEEN:
SRI CHANDRASHEKAR J S/O NARAYANA POOJARI AGED ABOUT 48 YEARS OCCUPATION:COOLIE AND MILK VENDING JATTINAMAKKI VILLAGE DEVANGI POST THIRTHAHALLI TALUK SHIMOGA DISTRICT-577415 (BY SMT. SUNITHA, ADV. FOR SRI RUDRAPPA P, ADV.) AND 1. SRI BABU @ MOHAMMED SADIQ S/O MOHAMMED GHOUSE AGED ABOUT 49 YEARS #85/3, ANWAR COLONY 3RD CROSS, BHADRAVATHI SHIMOGA-577301 DRIVER OF VEHICLE BEARING NO. KA-37-M-2070 2. SRI MOHAMMED ZAMEER S/O MOHAMMED GOUSE ... APPELLANT #54/2, REVENUE LAYOUT SINGASANDRA BANGALORE-560068 OWNER OF VEHICLE BEARING KA-37-M-2070 3. HDFC ERGO GENERAL INSURANCE COMPANY LTD NO.14, IST FLOOR HM GENEVA HOUSE CUNNINGHAM ROAD BANGALORE-560052 (BY SRI B PRADEEP, ADV. FOR R3 NOTICE TO R1 & R2 D/W) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06/02/2017, PASSED IN MVC NO.421/2014, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE & ADDITIONAL MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment This appeal is listed for admission. With the consent of the learned counsel for the appellant and the respondents, the appeal is taken up for disposal as they have filed a joint memo for settlement of the matter.
2. In this appeal, the learned counsel for the appellant has filed an application in I.A.No.1/18 seeking condonation of delay of 206 days in filing the appeal.
3. For the reasons assigned in the affidavit filed in support of the application which are justifiable, the application is allowed and delay is condoned.
4. This appeal is preferred by the appellant against the judgment and award passed by the court below in MVC No.421/2014 dated 06.02.2017 by the I Addl. Senior Civil Judge & CJM & Addl. MACT-VII, Shivamogga. For the purpose of consideration of the joint memo filed by the appellant and the respondents, it is relevant to state certain facts of the appeal which are as under:
That on 25.08.2013 at about 4.30 p.m. the petitioner along with his son by name Jeevith left Mandagadde Village in Thirthahalli Taluk and were proceeding towards Jattinamakki Village on their two- wheeler bearing Reg.No.KA-14/E-6874, and while proceeding towards Jattinamakki Village, the petitioner stopped the bike near Mandagadde Bird Sanctuary to see the birds and he parked the bike to the extreme left side of the road and were standing next to the bike and at that time, an Innova vehicle bearing Reg.No.KA- 37/M-2070 came from Thirthahalli side in a rash and negligent manner and dashed against the vehicle of the petitioner, due to which the petitioner and his son fell down and sustained injuries all over their body.
The petitioner filed MVC No.421/2014 seeking compensation. The court below has awarded compensation in a sum of Rs.4,72,300/- with interest @ 6% p.a. from the date of petition till the date of deposit.
Hence this appeal for enhancement of the compensation amount.
5. In this appeal, the learned counsel for the appellant and the respondents have filed a joint memo wherein it is stated that the judgment and award in MVC No.421/2014 has been challenged by the appellant urging various grounds, seeking enhancement of compensation.
6. The appellant and the respondents have agreed for settling this matter and the respondent No.3 has agreed to pay a lumpsum amount of Rs.50,000/- to the appellant/claimant, in addition to the award amount passed by the Tribunal. The appellant herein has agreed to receive the said amount. The joint memo is taken on record.
7. In terms of the joint memo filed by the appellant and the respondents, the respondent No.3 shall deposit a sum of Rs.50,000/- within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this appeal stands disposed of.
SD/- JUDGE RD