IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K. SOMASHEKAR MISCELLANEOUS FIRST APPEAL No.2827/2015(MV) BETWEEN:
SRI GURUPRASAD M S/O MUNISWAMY AGED ABOUT 23 YEARS PERMANENT ADD NO.35 LAKSHMINARAYANA LAYOUT MUNNEKOLALU BANGALORE-560037 NOW R/AT NO.40 NANJAPPA COMPLEX VARTHUR MAIN ROAD KUNDALAHALLI GATE BANGALORE-37.
... APPELLANT (BY SRI K. T. GURUDEVA PRASAD, ADVOCATE) AND:
1. GURMINDER SINGH R/AT NO.A/2/403, LUNKAD COLANADE VIMAN NAGAR PUNE MAHARASHTRA-411014.
2. HDFC ERGO GENERAL INSURANCE CO. LTD., NO.14, 1ST FLOOR, H. M. GENEVA HOUSE CUNNINGHAM ROAD, BANGALORE-560052.
... RESPONDENTS (BY SRI H. S. LINGARAJ, ADVOCATE FOR R2) …… THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.01.2015 PASSED IN MVC NO.349/2014 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, & XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BANGALORE, 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 Though this appeal is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
2. Heard the learned counsel for the appellant and the learned counsel for the Respondent No.2 – Insurance company.
3. This appeal has been preferred by the appellant against the Judgment & Award passed by the learned V Additional Small Causes Judge & Member, MACT, Mayo Hall Unit, Bengaluru in MVC No.349/2014 dated 7.1.2015, wherein the Tribunal has awarded compensation in a sum of Rs.3,66,000/- with interest at 6% per annum from the date of the petition till the date of realization.
4. The factual matrix of the case is as under:
It is stated in the claim petition that on 28.12.2003 at about 3.30 p.m. when the claimant was riding a Moped bearing No.KA-03-HN-1617 along with his friend by name Narayanaswamy as pillion rider, slowly and cautiously by observing all traffic rules and regulations, on ITPL -Kundalahalli Main Road, from Cos Mos Mall towards Graphite India, when they reached in front of Nandini Chicken Shop, at that time one car bearing No.MH-12-CR-6164 had stopped in front of the said shop and the driver of the said car opened the front right side door negligently without observing the movements of the vehicle and door was dashed against the claimant’s moped. Due to forced impact, the claimant and pillion rider both fell down and sustained grievous injuries.
5. In order to establish his case, the claimant got examined PWs.1 to 3 and got marked the documents – Ex.P1 to Ex.P20. On behalf of the respondent, no witness was examined nor any documents were got marked.
6. Learned counsel for the parties submit that with the consent of the parties, the matter is settled out of Court and therefore they have filed the joint memo today in the open Court. The same is duly signed by the learned counsel for the appellant as well as learned counsel for the respondent No.2 – Insurance Company. The joint memo reads as under:
“The MFA filed against Judgment and Award in MVC No.349/2014 has been settled between the parties of their claim on the following terms:
The appellants have agreed to receive another sum of Rs.70,000/- as global compensation in full and final settlement of their claim.
The second respondent insurance company has agreed to deposit the said amount before the Claims Tribunal within six weeks from this day.
In the above said terms, the appeal may be kindly be decreed in the interest of justice.”
7. The joint memo dated 28.1.2019 is placed on record.
8. Whereas the learned counsel for the appellant and the learned counsel for Respondent No.2 – Insurance Company have stated in the joint memo that this appeal preferred by the appellant against the Judgment & Award rendered in MVC No.349/2014 has been settled between the parties and that the appellant has agreed to receive another sum of Rs.70,000/- as global compensation, in full and final settlement of his claim and that the 2nd respondent – Insurance Company has agreed to deposit the said amount before the Claims Tribunal within six weeks from this day and that the appeal be disposed of in the above terms.
9. In view of the above, since the appellants have agreed to receive another sum of Rs.70,000/- as global compensation, in full and final settlement of their claim, this Court need not proceed further in detail on merits.
10. Accordingly, this Miscellaneous First Appeal is disposed of in terms of the joint memo. The Judgment & Award of the Tribunal shall stand modified accordingly.
11. The 2nd respondent – Insurance company is directed to deposit the amount which is stated in the joint memo in a sum of Rs.70,000/- (Rupees seventy thousand only) before the concerned Claims Tribunal within a period of six weeks from the date of receipt of copy of the order, in addition to the compensation awarded by the Tribunal.
12. After depositing the amount by the Responent No.2 - Insurance Company, the amount stated in the joint memo in a sum of Rs.70,000/- shall be disbursed to the appellant on proper identification.
Office to draw the Award accordingly.
SD/- JUDGE Gss/-