IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K. SOMASHEKAR MISCELLANEOUS FIRST APPEAL NO.3684/2017 (MV) BETWEEN:
SRI MOHAN @ MOHANKUMAR, S/O. JANARDHAN, AGED ABOUT 25 YEARS, RESIDING AT NO.250, MANGLI, MILABAGAL TALUK, KOLAR DISTRICT-563 131 (BY SRI K.T. GURUDEV PRASAD, ADV.) ... APPELLANT AND:
1. SRI MADHUKAR S. MANAY, MAJOR, S/O. SRINIVAS RAO MANEY, R/AT NO.77, I MAIN ROAD, ASWATHNAGAR, R.M.V. II STAGE, BANGALORE-560 084.
2. HDFC ERGO GENERAL INS. CO., LTD., II FLOOR, II BUILDING, SHANKARANARAYANA COMPLEX, M.G. ROAD, BANGALORE-560 001 BY ITS MANAGER ... RESPONDENTS (SRI D. VIJAYA KUMAR, ADV. FOR R2 R1-NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2016 PASSED IN MVC NO.4110/2015 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENAHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Though this appeal is listed on 01.02.2019, in view of the joint memo filed today by the learned counsel for the appellant and the learned counsel for the 2nd respondent on behalf of their respective parties today, this appeal has been taken up for final disposal in terms of the said joint memo.
2. This appeal is preferred by the claimant for enhancement of the compensation against the judgment and award dated 09.01.2016 passed in MVC No.4110/2015 on the file of XIX Addl. SCJ and MACT, Bengaluru (SCCH 17) (for short ‘the Tribunal’), whereby the Tribunal awarded the compensation of Rs.8,83,205/- with interest at 9% per annum as reflected in the operative portion of the judgment.
3. The factual matrix of this appeal are as under: The appellant met with an accident on 25.07.2015 at about 7 o’ clock in the even when he was riding motorcycle bearing No.KA-07/V-0170 at Mulabagal-Palamner Road near Vaddanna Thopu due to rash and negligent driving by the driver of the Car bearing No.KA-04/MP-4860, on account of which he fell on the ground and sustained injuries. He was shifted to R.L. Jalappa Hospital and after first aid he was shifted to Sakra World Hospital, wherein he took treatment as inpatient. Subsequently, he made a petition before the Tribunal seeking compensation by urging all these contentions. On receipt of summons, the 1st respondent resisted the claim petition by filing written statement relating to the negligent attributed by driver of the Car and stated that the Car has insured with the second respondent, therefore the insurance was in force at the relevant point of time of accident and the driver of the Car was possessed valid and effective driving licence. Whereas, the 2nd respondent filed a written statement by denying all the averments made in the claim petition and contended that the owner of the vehicle in question and the Investigating Officer failed to comply with the relevant provisions of the MV Act. All these contentions taken in the written statement for seeking dismissal of the claim petition. Subsequently, the Tribunal evaluating the oral evidence of PWs.1 to 3 so also the documentary evidence marked at Exs.P1 to 21, has awarded Rs.8,83,205/- with interest at 9% per annum which is reflected in the judgment and award rendered by the Tribunal. Being aggrieved by the same, the claimant is before this Court in this appeal.
4. In the meanwhile, the appellant and respondent No.2 have filed a joint memo dated 31.01.2019 stating that both the parties have been settled their issues relating to the claim in terms of the joint memo. As per the said joint memo, appellant agreed to receive another sum of Rs.1,70,000/- as global compensation in full and final settlement of his claim and the second respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within a period of six weeks from today.
5. Accordingly, the learned counsel for the appellant and the learned counsel for the 2nd respondent submit to accept the joint memo and dispose of the appeal in terms of the said joint memo entered into between the parties.
6. As already been stated the substance of the claim petition made by the appellant before the Tribunal and so also the judgment and award passed by the Tribunal, which is challenged in this appeal, it does not require in detail discussion as stated in this appeal for disposal. Therefore, the joint memo filed by the appellant and the 2nd respondent is placed on record. The 2nd respondent shall deposit the amount in sum of Rs.1,70,000/- before the tribunal within a period of six weeks as per the joint memo.
7. Accordingly, the appeal is disposed of.
Office is directed to draw decree accordingly.
Sbs* SD/- JUDGE