Smt Nazreena Afza vs H S Siddaraju
2022 Latest Caselaw 8298 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 07TH DAY OF JUNE, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE B. VEERAPPA

                          AND

        THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

     MISCELLANEOUS FIRST APPEAL No.9745/2012 (MV-I)


BETWEEN:

SMT. NAZREENA AFZA,
W/O MAQSOOD SHARIFF,
AGED ABOUT 32 YEARS,
R/AT NO.8, 6TH CROSS,
SHIVAJI ROAD,
N.R. MOHALLA,
MYSORE.
                                         ...APPELLANT

(BY SRI MALLANNA, ADVOCATE FOR SRI S.V. ANGADI)


AND:

1.     H.S. SIDDARAJU,
       S/O H. SIDDACHARI,
       R/AT SHANMUNALU VILLAGE,
       NEAR SIDDAPPAJI TEMPLE,
       BANNUR HOBLI,
       T.N. PURA TALUK,
       MYSORE DISTRICT.
                        -2-


2.   M/S JNANSAROVARA EDUCATIONAL TRUST,
     NO.580, 26TH MAIN,
     2ND STAGE, J.P. NAGAR,
     MYSORE - 570 008.

3.   THE UNITED INDIA INSURANCE CO.LTD.,
     NO.2911, SUNDAR ARCADE,
     2ND FLOOR, B.N. ROAD,
     OPP: SUBURB BUS STAND,
     MYSORE - 570 008.
                                    ...RESPONDENTS

(BY SRI L. SREEKANTA RAO, ADVOCATE FOR R3;
VIDE ORDER DATED 09.06.2014 NOTICE TO R1 AND R2
DISPENSED WITH)

                      ****

     THIS   MISCELLANEOUS    FIRST   APPEAL   IS   FILED
UNDER SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 06.01.2012 PASSED IN
MVC NO.937/2011, ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-2, MEMBER ADDITIONAL
MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.


     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION, THIS DAY, B.VEERAPPA J., DELIVERED
THE FOLLOWING:
                                   -3-



                          JUDGMENT

The present miscellaneous first appeal is filed by

the claimant for enhancement of compensation,

assailing the impugned judgment and award dated

06.01.2012 passed in MVC.No.937/2011, by the Fast

Track Court-II and Additional Motor Accident Claims

Tribunal, Mysore, awarding total compensation of

Rs.45,000/- with interest at the rate of 6% per annum

from the date of petition till the date of deposit.

2. After mutual discussion between the

parties, respondent No.3-insurance company has

agreed to pay an additional compensation of

Rs.40,000/- in lump-sum, in addition to the

compensation awarded by the Tribunal.

3. The appellant has agreed for the said

proposal. Accordingly, the parties have filed the joint

memo dated 07.06.2022, duly signed by learned

counsel for the appellant and learned counsel for

respondent No.3.

4. The said joint memo is placed on record.

5. In view of the above, the appeal is

disposed of with a direction to respondent No.3 to

pay the additional compensation of Rs.40,000/- in

lump-sum, in addition to the award passed by the

Tribunal as full and final settlement.

6. In the result, appeal is disposed of.

No order as to costs.

Sd/-

JUDGE

Sd/-

JUDGE

MBM