IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO. 323 OF 2018 (MV) BETWEEN UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE 5TH AND 6TH FLOORS, KRISHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU – 560 001 REP. BY ITS DEPUTY MANAGER MR. AJAY KUMAR SINHA.
... APPELLANT (BY SRI. S. KRISHNA KISHORE - ADVOCATE) AND 1. SRI VASANTHA KUMAR AGED ABOUT 37 YEARS S/O SRI SIDDAPPA RESIDING AT NO.93 BAGALUR MAINROAD HOSUR BANDE, KANNUR BIDARAHALLI HOBLI BANGALORE-560 049.
2. SRI GOKULRAJ. P MAJOR IN AGE S/O SRI PALANISAMY K RESIDING AT NO.28 KANNAGINAGAR I STREET P.N. ROAD, TIRUPPUR – 641602 TAMIL NADU STATE (RC OWNER OF VEHICLE NO. TN.39/BM-7908) ... RESPONDENTS (BY SRI. L. HARISH KUMAR – ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2017 PASSED IN MVC NO.4706/2015 ON THE FILE OF XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.13,17,126/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel for the appellant – Insurance Company and learned counsel for the first respondent – claimant.
2. The factual matrix of the appeal is that on 14.08.2015 at about 8.30 p.m. when the claimant / first respondent was proceeding as a cleaner of a Tipper lorry bearing Regn.No.KA-07/A-2576 from Chikkaballapura to Bengalore, when they reached near Chadlapura NH- 07, Byepass road, suddenly the tyre is said to have bursted. Thereafter the driver is said to have parked the vehicle by keeping the indicator lights on and driver and cleaner were changing the tyre. But however, another lorry bearing Regn.No.TN-39-BM-7908 driven by its driver in a rash and negligent manner had come and dashed the claimant who was assisting in changing the tyre, as a result of which he had sustained grievous injuries. He had sustained comminuted segmental fracture of both right forearm and was admitted as in- patient in hospital and had spent huge amounts of money. Hence he filed a claim petition before the Tribunal seeking compensation. The Tribunal on hearing the arguments advanced by the learned counsel for the parties and on appreciating the entire evidence on record, by its judgment, has awarded compensation of Rs.13,17,126/- with interest at 9% per annum from the date of petition till its realisation. It is this judgment which is under challenge in this appeal by Insurance Company questioning the liability and quantum.
4. But however, learned counsel for the Insurance Company – Appellant and the learned counsel for the claimant - first respondent have filed a joint memo seeking to settle the matter in terms of the said joint memo.
5. As per the terms of the settlement, the appellant – United India Insurance Company has offered to pay Rs.10,50,000/- to the first respondent towards full and final settlement of the claim, including the award, interest on the award amount and costs. Further, the first respondent has agreed to the said offer made by the appellant.
The compromise is duly signed by the appellant, first respondent and the learned counsel for both the parties. Hence, the said joint memo dated 20.02.2019 is taken on record.
6. In view of the first respondent – claimant having agreed to receive a global compensation of Rs.10,50,000/- from the appellant – Insurance Company towards full and final settlement of his claim as against the award amount made by the Tribunal in a sum of Rs.13,17,126/- with interest at 9% p.a.,* the appeal is hereby disposed of in terms of the joint memo.
The amount in deposit if any shall be transmitted to the concerned Tribunal forthwith. The Insurance Company is directed to deposit the remaining amount before the concerned MACT within four weeks.
However, in terms of the award, 60% of the amount shall be released in favour of the first respondent on proper identification and the remaining 40% of the amount shall be deposited in FD in any Nationalized Bank for a period of five years.
Office to draw a decree accordingly.
SD/- JUDGE KS *corrected vide chamber order dated 9.10.2019.