IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.4692 OF 2018 (MV) BETWEEN SRI. GIRISH, S/O. BHASKAR SHERIGAR, AGED ABOUT 31 YEARS, R/O. DEVARU MANE, NEAR RAMAMANDIR, GANGOLLI, KUNDAPURA TALUK-576 201. ... APPELLANT (BY SRI.NAGARAJA HEGDE, ADVOCATE) AND 1. SRI. GOPALKRISHNA BHAT, S/O. U.GOVINDA BHAT, AGE:MAJOR, R/O. SHRI. VASUKI, SUBRAMANYA TEMPLE, SAGARI, KUNJIBETTU, UDUPI TALUK-576 101.
2. IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD., SERVICE OFFICE: MANGALORE, 3RD FLOOR, LALBHAG TOWER, BALLALBHAG, M.G. ROAD, MANGALORE-575 001.
REP. BY ITS BRANCH MANAGER. ... RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 18.12.2018) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2018 PASSED IN MVC NO.688/2016 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is preferred by the claimant in MVC No.688/2016 on the file of the Court of Addl. District and Sessions Judge and Addl. MACT, Udupi (sitting at Kundapura), Kundapura, seeking enhancement of compensation. The MACT has awarded a total compensation of Rs.3,89,175/- along with interest at 6% per annum from the date of petition till the date of payment.
2. A joint memo has been filed, signed by both the learned counsel for the appellant/claimant and the Respondent No.2/Insurance Company. It is stated that both the parties have amicably settled the claim and respondent No.2 has agreed to pay a lump sum of Rs.80,000/- to the appellant/claimant as an additional compensation over and above the compensation awarded by the Tribunal and the appellant has agreed to receive the same. Further, respondent No.2 has agreed to deposit the said compensation within a period of two months from the date of the award.
3. The joint memo is placed on record. In view of the same, I pass the following :
ORDER The judgment and award dated 14.02.2018 passed by the Addl. District and Sessions Judge and Addl. MACT, Udupi (sitting at Kundapura), Kundapura in MVC No.688/2016 is hereby modified.
The appellant-claimant shall be entitled for an additional compensation in a lump sum of Rs.80,000/-
over and above the compensation awarded by the Tribunal as per the terms agreed in the joint memo.
The appeal is disposed.
Sd/- JUDGE snc