M/S. National Insurance Company ... vs Mr. Krishnappa
2022 Latest Caselaw 11042 Kant

                         1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY 2022

                     BEFORE

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

          MFA No.5039 OF 2022(MV)


BETWEEN:

M/S. NATIONAL INSURANCE COMPANY LTD.,
REGIONAL OFFICE SITUATE AT NO.144
2ND FLOOR
SHUBRAM COMPLEX
M G ROAD
BANGALORE-560001
REPRESENTED BY REKHA S MENON
DEPUTY MANAGER

                                     ...APPELLANT

(BY SMT.GEETHA R., ADV.)

AND

1.    MR. KRISHNAPPA
      AGED ABOUT 78 YEARS.

2.    MR UMASHANKAR
      S/O KRISHNAPPA N
      MAJOR
                         2




3.   MR BASAVARAJ K
     S/O KRISHNAPPA N
     MAJOR

4.   MR NATARAJ K
     S/O KRISHNAPPA N

5.   MR LOKESH
     S/O KRISHNAPPA N
     MAJOR

6.   MRS INDIRAMMA K
     D/O KRISHNAPPA N
     MAJOR
     ALL ARE R/A VAKKALIGARA BUILDING
     VIJAYAPURA
     BENGALURU RURAL-562135.

7.   MR NAGAMANI K
     D/O KRISHNAPPA K
     MAJOR
     R/A VAKKALIGARA BUILDING
     VIJAYAPURA
     BENGALURU RURAL-562135.

8.   MR ARUN KUMAR K M
     S/O MUNIYAPPA
     NO.36
     KANTANA KUNTE
     MALATHALLI POST
     DODDABALLAPURA
     BENGALURU RURAL-561203.

9.   MR. B HARISH
                           3




     MAJOR
     NO.134, GOVERNMENT SCHOOL ROAD
     KODIGEHALLI
     SAHAKARNAGAR
     BENGALURU 560092

                                           ...RESPONDENTS


(BY SRI.AMRASH PATEL. ADV. R1 TO R7:
NOTICE TO R8 AND R9 ARE DISPENSED WITH V/O
DATED: 21.07.2022)

     THIS MFA IS WITH VIDE ORDER DATAED:
21.07.2222)MFA FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED
27.05.2022 PASSED IN MVC NO.381/2019 ON THE
FILE OF THE III ADDITIONAL JUDGE AND MEMBER,
MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-
18, AWARDING COMPENSATION OF RS.11,32,440/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE
OF PETITION TILL THE DATE OF DEPOSIT


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

                      JUDGMENT

The learned counsel for the appellant and

learned counsel for the respondent Nos.1 to 7 have

filed a joint memo dated 20.7.2022 stating that the

appellant Insurance Company and respondent Nos.1

to 7 have entered into a settlement wherein it is

agreed upon by the claimants/respondent Nos.1 to 7

to receive an amount of Rs.10,00,000/- as global

compensation inclusive of interest as full and final

settlement of their claim as against the award amount

of Rs.11,32,440/- with interest at 6% p.a. from the

date of petition till realization. The Insurance

Company undertakes to deposit the said amount

within four weeks from the date of receipt of the order

of this Court.

2. The joint memo signed by the learned

counsel for the respective parties is placed on record.

The same is treated as part of this order.

3. Accordingly, the appeal is allowed in terms

of the joint memo.

The compensation amount of Rs.11,32,440/-

awarded by the Tribunal with interest at 6% p.a. from

the date of petition till realization is reduced to

Rs.10,00,000/- inclusive of interest.

The Insurance Company is directed to deposit

the said amount within a period of four weeks from

the date of receipt of copy of this judgment.

The amount in deposit is ordered to be

transferred to the Tribunal forthwith.

Sd/-

JUDGE

DM