IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2018 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT MISCELLANEOUS FIRST APPEAL NO.4868 OF 2015 C/W MISCELLANEOUS FIRST APPEAL NO.4867 OF 2015 (MV) In MFA No.4868/2015 BETWEEN:
The Manager, M/s.Shriram General Insurance Company Monarch Chamber Infantory Road Bangalore-560 001.
Now represented by M/s.Shriram General Insurance Company Ltd, No.302, 3rd Floor, S&S Corner Building, Opp.Bowring and Curzon Hospital Shivajinagar, Bangalore-560 001 Reptd by its Assistant Manager ... Appellant (By Sri. B.C.Shivanne Gowda, Advocate) AND 1. H.T.Sampathkumar @ Shyam, S/o H.N.Thimmegowda, Aged about 37 years, R/o Hetturu Village and Hobli, Sakleshpura Taluk, Hassan.
2. Thimmaiah, S/o Chikkalakkaiah, R/o Thoremavinakere Village, Belluru Post and Hobli Nagamangala Taluk, Mandya District.
3. Chandru, S/o Thimmaiah, R/o Thoremavinakere Village, Belluru post and Hobli, Nagamangala Taluk, Mandya District. ... Respondents (By Sri.Girish B Baladare, Advocate for R-1 R2 and R3 are served) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 02.03.2015 passed in MVC No.64/2013 on the file of the II Additional Senior Civil Judge and MACT, Hassan, partly allowing the claim petition for compensation and seeking enhancement of compensation.
In MFA No.4867/2015 BETWEEN:
The Manager, M/s.Shriram General Insurance Company Monarch Chamber Infantory Road Bangalore-560 001.
Now represented by M/s.Shriram General Insurance Company Ltd, No.302, 3rd Floor, S&S Corner Building, Opp.Bowring and Curzon Hospital Shivajinagar, Bangalore-560 001 Reptd by its Assistant Manager ... Appellant (By Sri. B.C.Shivanne Gowda, Advocate) AND 1. Janamurthy, S/o G.R.Manjegowda, Now aged about 37 years, R/o Vallabai Road, Hassan-573 201.
2. Thimmaiah, S/o Chikkalakkaiah, R/o Thoremavinakere Village, Belluru Post and Hobli Nagamangala Taluk, Mandya District-571 401.
3. Chandru, S/o Thimmaiah, R/o Thoremavinakere Village, Belluru post and Hobli, Nagamangala Taluk, Mandya District-571 401. ... Respondents (By Sri.Girish B Baladare, Advocate for R-1 R2 and R3 are served) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 02.03.2015 passed in MVC No.63/2013 on the file of the II Additional Senior Civil Judge and MACT, Hassan, awarding compensation of Rs.2,01,400/- with interest on Rs.1,81,400/- from the date of the petition till realization.
These MFAs coming on for Admission this day, the Court delivered the following:
JUDGMENT Both these appeals filed by the insurer call in question the judgment and award dated 02.03.2015 made by MACT, Hassan allowing MVC.No.64/2013 and MVC No.63/2013 whereby two sums of compensation i.e. Rs.1,85,600/- in the farmer and Rs.2,01,400/- in the later, with interest @ 6% per annum have been awarded.
2. Both the insurer and the claimants have filed a Joint Memo dated 11.10.2018 reporting amicable settlement in both the appeals. Settlement appears to be genuine and bonafide. There does not appears to be any impediment in law or facts to dispose of these appeals in terms of the said settlement.
3. In MFA No.4868/2015 arising out of MVC No.64/2013, the settlement is for a sum of Rs.1,65,600/- (Rupees one lakh sixty five thousand and six hundred) only with interest @ 6% per annum and in MFA.No.4867/2015 arising out of MVC.No.63/2013, the settlement is for a sum of Rs.1,81,400/- (Rupees one lakh eighty one thousand and four hundred) only with interest @ 6% per annum.
4. Both these appeals accordingly stand disposed of by modifying the impugned judgment and awards in terms of the settlement.
5. The appellant-insurer shall deposit the amount comprised in the settlement within four weeks before the jurisdictional MACT.
The claimants are permitted to withdraw the amount in deposit and the Registry shall take all steps in that direction immediately.
Sd/- JUDGE SB