P. Nagappa @ Nagaraja vs Manjappa
2021 Latest Caselaw 403 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 7TH DAY OF JANUARY 2021

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

            MFA No.2711 OF 2017(MV)

BETWEEN:

P.NAGAPPA @NAGARAJA
S/O HANUMANTHAPPA @ HANUMAPPA
AGE 40 YEARS
AGRICULTURIST AND COOLIE
R/O KAVALAHALLI VILLAGE
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT
NOW R/O 4TH CROSS
OPP: DANGEPARK, NITTUVALLI ROAD
BAGATHSING NAGAR
DAVANAGERE-577 001.

                                    ... APPELLANT

(BY SRI.R.SHASHIDHARA, ADV. )

AND

1.    MANJAPPA
      S/O SANNA KENCHAPPA
      AGED ABOUT 36 YEARS
      R/O KYARAKATTE VILLAGE
      HARAPANAHALLI TALUK-583 131
      DAVANAGERE DISTRICT.
                         2



2.   SIDDESH DUPPADAHALLI
     S/O MAHABALESHWARA
     AGE 29 YEARS
     NANDIBEVOUR VILLAGE
     HARAPANAHALLI TALUK-583131
     DAVANAGERE DISTRICT.

3.   THE DIVISIONAL OFFICER
     NATIONAL INSURANCE CO. LTD.,
     DIVISIONAL OFFICE,
     MELAGIRI PLAZA
     OPP: DENTAL COLLEGE ROAD
     MCC B BLOCK,
     DAVANAGERE-577 001.
                               ... RESPONDENTS

(BY SMT.GEETHA RAJ, ADV. R3:
NOTICE TO R1 & R2 IS DISPENSED WITH
V/O DATED:10.04.2018)

     THIS MFA IS FILED UNDER SECTION 173(1) OF
MV   ACT   AGAINST   THE JUDGMENT   AND AWARD
DATED: 06.10.2016 PASSED IN MVC NO.1/2015 ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE
& V MACT DAVANAGERE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.


     THIS MFA COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                      JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act',

for short) has been filed by the claimant being

aggrieved by the judgment dated 6.10.2016 passed

by the Motor Accident Claims Tribunal in MVC 1/2015.

2. Today, the learned counsel for the parties

have filed a joint memo stating that the claimant has

agreed to receive a sum of Rs.1,80,000/- from the

respondent-Insurance Company in addition to the

compensation awarded by the Tribunal in full and final

settlement of the claim. The joint memo is extracted

hereunder:

"The MFA filed against the jugement and Award in M.V.C01/2015 on the file fo the MACT Davanagere, has been referred to this LokAdalat by the Hon'ble High Court U/S.20 of the Legal Service Authorities Act.1987. The parties to the appeal have

settle their claim before the Lok Adalt on the following terms:

The Appellant has/have agreed to receive and respondent National Ins. Co. Ltd., has agreed to pay a lump-sum of Rs.1,80,000/-(Rupees One Lakh Eighty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

The Respondent National Ins. Co. Ltd., has agreed to deposit the said amount, before the Tribunal, within six weeks from the date of preparation of award failing which the said amount shall carry interest at 9%p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost.

The parties to this appeal have set their hands to this settlement before the Lok Adalt in the presence of Conciliators on this."

The joint memo signed by the parties and their

respective counsel is taken on record.

Accordingly, the appeal is disposed of in terms of

the joint memo. The joint memo is ordered to be

treated as part of this order.

Sd/-

JUDGE

DM