The Divisional Manager/Branch ... vs Sri Channalakkaiah
2021 Latest Caselaw 1005 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY, 2021

                        PRESENT

          THE HON'BLE MRS. JUSTICE S. SUJATHA

                             AND

           THE HON'BLE MR. JUSTICE M.I.ARUN

               MFA NO.2061 OF 2020 C/W
               MFA NO.1676 OF 2020 (MV)

IN MFA NO.2061 OF 2020

BETWEEN:

THE DIVISIONAL MANAGER/
BRANCH MANAGER
M/S TATA AIG GENERAL
INSURANCE CO. LTD.
DIVISIONAL OFFICE, 2ND FLOOR
JP & DEVI JAMBUKESWAR ARCADE
NO.69, MILLERS ROAD
BENGALURU - 560 052                     ... APPELLANT

(BY SRI. RAVI S. SAMPRATHY, ADVOCATE)

AND:

1.     SRI. CHANNALAKKAIAH
       S/O CHANNAPPA
       AGED ABOUT 51 YEARS

2.     SMT. LAKSHMAMMA
       W/O CHANNALAKKAIAH
       AGED ABOUT 41 YEARS

3.     KUM. SOWMYA
       D/O CHANNALAKKAIAH
       AGED ABOUT 21 YEARS
       ALL ARE R/AT HADRIPURA
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     KADANUR POST,
     DODDABELAVANGALA
     HOBLI, D. B. PURA TALUK
     BENGALURU RURAL DISTRICT

4.   SRI. LOKESH
     S/O SIDDAPPA
     MAJOR IN AGE
     CHIKKAHEJJAJI VILLAGE
     DODDABELAVANGALA HOBLI
     DODDABALLAPURA TALUK
     BENGALURU RURAL DISTRICT           ... RESPONDENTS

(BY SRI. SHRIPAD SHASTRY, ADV. FOR R1 TO R3)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 05.11.2019 PASSED IN MVC NO.1328/2019 ON THE FILE
OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF
SMALL    CAUSES,    BENGALURU    (SCCH-18),   AWARDING
COMPENSATION OF RS.15,04,457/- WITH INTEREST AT 8% P.A.
FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

IN MFA NO.1676 OF 2020
BETWEEN:

1.   SRI. CHANNALAKKAIAH
     S/O CHANNAPPA
     AGED ABOUT 51 YEARS

2.   SMT. LAKSHMAMMA
     W/O CHANNALAKKAIAH
     AGED ABOUT 41 YEARS

3.   SOWMYA
     D/O CHANNALAKKAIAH
     AGED ABOUT 21 YEARS

     ALL ARE R/AT HADRIPURA
     KADANUR POST
     DODDABELAVANGALA
     HOBLI, D. B. PURA TALUK
     BENGALURU RURAL DIST.                ... APPELLANTS

(BY SRI. SHRIPAD V. SHASTRI, ADV.)
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AND:

1.     SHRI. LOKESH
       S/O SIDDAPPA
       CHIKKAHEJJAJI VILLAGE
       DODDABELAVANGALA HOBLI
       DODDABALLAPURA TALUK
       BENGALURU RURAL DISTRICT

2.     THE MANAGER
       TATA AIG GENERAL
       INSURANCE CO. LTD.
       NO.69, 2ND FLOOR, JP & DEVI
       JAMBUKESWARA ARCADE
       MILLERS ROAD
       BENGALURU - 560 052                           ... RESPONDENTS

(BY SRI. RAVI S. SAMPRATHI, ADV.)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 05.11.2019 PASSED IN MVC NO.1328/2019 ON THE FILE
OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF
SMALL CAUSES, BENGALURU (SCCH-18),PARTLY ALLOWING THE
CLAIM   PETITION   FOR   COMPENSATION    AND   SEEKING
ENHANCEMENT OF COMPENSATION.

    THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
SUJATHA, J., DELIVERED THE FOLLOWING:


                              JUDGMENT

Joint memo is filed before the Court signed by both the

insurer as well as the claimants along with their respective

learned counsel which reads thus:-

"The dispute in the above appeal is amicably settled between the Appellant and the Respondent Nos.1 to 3 The Appellant Insurance Company has agreed to settle the claim in full and final settlement for a global sum of Rs.16,00,000/-

(Rupees Sixteen Lakhs only). The Respondents Nos. 1 to 3 have agreed for the same.

The Appellant agrees to deposit the said amount within 6 weeks from the date of the order, failing which the said amount shall carry an interest at the rate of 6% from the date of the order .

It is prayed that the amount in deposit Rs.25,000/- may kindly be transferred to Tribunal for disbursement to Respondents/claimants.

In view of the settlement arrived in the above appeal, it is agreed that the Respondents No.1 to 3 to withdraw MFA No.1676 of 2020 filed by them."

2. Memo is placed on record.

3. In view of the aforesaid, appeal stands disposed of,

as settled amicably between the parties in terms of the joint

memo referred to above.

4. Amount in deposit shall be transmitted to the

jurisdictional Tribunal for disbursement.

Sd/-

JUDGE

Sd/-

JUDGE

MH/-