IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR M.F.A.No.6099/2016 C/W M.F.A.No.7716/2016 (MV) In MFA No.6099/2016 BETWEEN 1. SRI. MONAPPA SUVARNA @ MONAPPA POOJARY, AGED ABOUT 49 YEARS, S/O. LATE NARAYANA, 2. MANVITH DEV AGED 17 YEARS, S/O. MONAPPA SUVARNA @ MONAPPA POOJARY, 3. ANVITH DEV AGED ABOUT 11 YEARS, S/O. MONAPPA SUVARNA @ MONAPPA POOJARY, ALL ARE RESIDING AT D. NO. 2-143/6, N.H. 13, OLARASTE, NADUMANE ROAD, KUDUPU VILLAGE, VAMANJOOR POST, MANGALURU, D.K.-575 028.
PETITIONER NO.2 AND 3 BEING MINORS ARE REPRESENTED BY PETITIONER NO.1-FATHER AND NATURAL GUARDIAN.
... APPELLANTS (By Sri. PRANESH CHANDRA, ADV.,) AND 1. SRI. RAGHAVENDRA BHAT AGED ABOUT 36 YEARS, S/O. GANAPATHY BHAT, RESIDING AT C-4/58, SHANTHI RAKSHAK SOCIETY, BEHIND SHASTRI NAGAR, PUNE-110 006, MAHARASTRA STATE.
AS PER POLICY ADDRESS:
V.S. BHAT, ILLA MANE, KALLACHE, YALLAPURA, UTTARA KANNADA DISTRICT, KARNATAKA-581 359, PRESENTLY RESIDING AT VEERESHWARA NILAYA, GANGOLLI VILLAGE, KUNDAPURA-576 216.
2. THE MANAGER NATIONAL INSURANCE CO. LTD., KARWAR BRANCH OFFICE, 1628, KAIKINI ROAD, KARWAR-581 301.
... RESPONDENTS (By Sri. B C SEETHARAM RAO, ADV., FOR R2 NOTICE TO R1 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.05.2016 PASSED IN MVC NO.186/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
In MFA NO.7716/2016 BETWEEN NATIONAL INSURANCE CO. LTD BRANCH OFFICE.
KARWAR BRANCH OFFICE, MANGALURU THROUGH ITS REGIONAL OFFICE #144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE 560 001.
REP. BY ITS ADMINISTRATIVE OFFICER, SMT. PARIMALA C.K.
... APPELLANT (By Sri.: B.C.SEETHA RAMA RAO, ADV.,) AND 1. SRI MONAPPA SUVARNA @ MONAPPA POOJARY, AGED ABOUT 48 YEARS, S/O LATE NARAYANA 2. KUM. MANVITH DEV AGED ABOUT 18 YEARS D/O MONAPPA SUVARNA @ MONAPPA POOJARY, 3. MASTER ANVITH DEV AGED ABOUT 11 YEARS, S/O MONAPPA SUVARNA @ MONAPLPA POOJARY, SINCE MINOR , REPRESENTED BY HIS FATHER AND NATURAN GUARDIAN THE FIRST RESPONDENT ALL ARE RESIDENTS OF NO.2-143/6, NH-13, OLARASTE, NADUMANE ROAD, KUDUPU VILLAGE, VAMANJOOR POST, MANGALURU, D.K. 575 028.
4. SRI RAGHAVENDRA BHAT MAJOR IN AGE S/O GANAPATHI BHAT R/AT C-4/58, SHANTHI RAKSHAK SOCIETY, BEHIND: SHASTRY NAGAR, PUNE-111006.
(OWNER OF CAR NO.MH-12-AF-7806) AS PER POLICE: V.S. BHAT, ILLA MANE, KALLACHE, YALLAPURA, UTTARA KANNADA DISTRICT, PIN-581 359, PRESENTLY AT: VEERESHWARA NILAYA, GANGOLLI VILLAGE, UDUPI-576216.
... RESPONDENTS (By Sri. PRANESH CHANDRA, ADV. FOR C/R1-R3 NOTICE TO R4 DISPENSED WITH V/O DT:5.12.16) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.5.2016 PASSED IN MVC NO.186/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., AWARDING A COMPENSATION OF RS.57,76,412/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THESE MFAS. COMING ON FOR FINAL HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for both parties submit that the appeals may be disposed of as the parties have settled their matter at Rs.49,80,000/- with 6% interest.
2. Submissions of the learned counsels are taken on record.
* Page No.5 is retyped and replaced vide Chamber order dated 05.04.2019 3. In view of settlement between the parties, the order of the Principal Senior Civil Judge and MACT Mangaluru, stands modified awarding Rs.49,80,000/- with 6% interest in place of Rs.57,76,412/-. Accordingly, the appeals are disposed of.
The 50% share of the first claimant shall be released in full. The entire share of the children at 25% each to be deposited as per the award passed by the Tribunal.
Office to draw the decree accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE TL * Page No.6 is retyped and replaced vide Chamber order dated 05.04.2019