The Branch Manager vs Arifulla S/O. Jaleel
2022 Latest Caselaw 178 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 5TH DAY OF JANUARY, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

      MISCELLANEOUS FIRST APPEAL No.103763/2019(MV)

BETWEEN:

THE BRANCH MANAGER,
IFFCO-TOKIO GENERAL INSURANCE CO. LTD,
RAGHAVA KALYAN KRISHNA COMPLEX,
K.C.ROAD, BALLARI-583101,
NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.
                                               ...APPELLANT
(BY SRI.SUBHASH J. BADDI, ADVOCATE)

AND

1.     ARIFULLA S/O JALEEL,
       AGE: 18 YEARS, OCC: STUDENT,
       R/O. DOOR NO.5, WARD NO.24,
       YASEEN SAB, MOSQUE STREET,
       COWL BAZAAR, BALLARI-583101.

2.     SRINIVASA S/O VISWANATHA,
       AGE: 39 YEARS, OCC: DRIVER,
       R/O. BSG STREET, MANDYA KOPPALU,
       G. HOSAHALLI POST, S.R.PATNA TALUK,
       MANDYA DISTRICT-571415.

3.    BALAJI WARE HOUSING,
      OWNER OF LORRY BEARING
      REGN. NO.KA-02-AF-4470,
      R/O.NO.20/24, NEW NO. 610, 2ND CROSS,
      CHIKKAMARANAHALLI OFFICE, NEW BEL ROAD,
      BENGALURU-560094.
                                               ...RESPONDENTS
(BY SRI.H.R.DESHAPANDE, ADVOCATE FOR R1
      R2 - NOTICE DISPENSED WITH; R3 - SERVED)
                                             2




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 18.06.2019 PASSED IN MVC
No.632/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL-XII,     BALLARI,   AWARDING COMPENSATION    OF
`11,50,000/- WITH INTEREST AT 7% P.A. FROM THE DATE OF
PETITION TILL ITS REALIZATION.

     THIS APPEAL COMING ON FOR ADMISSION                        THIS     DAY,   THE
COURT MADE THE FOLLOWING:

                                      ORDER

The Insurer of the offending vehicle bearing

registration No.KA-02/AF.4470 has preferred this

appeal against the judgment and award dated

18.06.2019 passed in MVC No.632/2018 by the

MACT-XII, Ballari (hereinafter referred to as 'the

Tribunal', for brevity).

2. Learned counsel for the appellant as well as

the learned counsel for the respondent-claimant

submits that the dispute between the parties has

been amicably settled and they have filed a joint

memo wherein it is agreed that the claimant is

agreeable to receive a total sum of `10,75,000/-

towards full and final settlement of the claim as

against the award amount of `11,50,000/- granted by

the Tribunal with interest at 9% per annum from the

date of petition till the date of deposit before the

Tribunal.

3. In the joint memo which is filed before this

Court today, which has been signed by the learned

counsel appearing on both sides and by the

representative of the appellant's counsel, it is stated

that the appellant - Insurance Company has agreed

to deposit the amount as agreed in the joint memo

within a period of six weeks from the date of receipt

of the copy of the award passed in this appeal.

4. The joint memo filed by the learned counsel

for the appellant is taken on record.

Miscellaneous First Appeal stands disposed of in

terms of the said joint memo. Registry is directed to

draw an award in compliance of the terms of the joint

memo.

Sd/-

JUDGE gab