Smt D Leelavathi vs Sri Nallagutta Govardhan
2022 Latest Caselaw 9383 Kant

                                                  -1-




                                                             MFA No. 1242 of 2021


                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 22ND 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.1242 OF 2021(MV-D)

                      BETWEEN:

                      1.    SMT. D. LEELAVATHI,
                            W/O LATE D. HANUMANTHAIAH,
                            NOW AGED ABOUT 49 YEARS,

                      2.    D. GEETHA
                            D/O LATE D. HANUMANTHAIAH,
                            W/O K. HARIPRASAD,
                            NOW AGED ABOUT 41 YEARS,

                      3.    KUMARI. DOLU BHOOMIKA @ D. BHOOMIKA,
                            D/O LATE D. HANUMANTHAIAH,
                            NOW AGED ABOUT 20 YEARS,

                            ALL ARE PERMANENT RESIDENTS
                            OF NO.13-29-S4-259, KORLAGUNTA,
                            TIRUPATHI URBAN, CHITTOOR DISTRICT,
                            ANDHRA PRADESH.

Digitally signed by         PRESENTLY RESIDING AT NO.153,
MALATESH K C
Location: High
                            GROUND FLOOR, 1ST A CROSS,
Court of Karnataka          SWATHANTRA NAGAR, VIRGONAGAR POST,
                            BENGALURU 560049.
                                                                   ...APPELLANTS
                      (BY SRI GOPAL KRISHNA N., ADVOCATE)
                               -2-




                                           MFA No. 1242 of 2021


AND:
1.   SRI NALLAGUTTA GOVARDHAN,
     S/O N. KUPPAIAH NAIDU,
     MAJOR BY AGE,
     R/AT SAMUDRAPALLI,
     PENGARAGUNTA,
     PALAMANER-517408,
     CHITTOOR DISTRICT,
     ANDHRA PRADESH.

2.   THE TATA AIG GENERAL
     INSURANCE COMPANY LTD.,
     2ND FLOOR, JP AND DEVI,
     JAMBUKESHWAR ARCADE,
     NO.69, MILLERS ROAD,
     BENGALURU 560052,
     BY ITS MANAGER.
                                               ...RESPONDENTS
(BY SRI RAVI S. SAMPRATI, ADVOCATE FOR R2;
V/O DATED 24.08.2021 NOTICE TO R1 IS DISPENSED WITH)

                             *****
     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 06.01.2021,
PASSED IN MVC No.1356/2019, ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, (SCCH-5), BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MFA COMING ON FOR ADMISSION THIS DAY,
B.VEERAPPA J., DELIVERED THE FOLLOWING:

                        JUDGMENT

The appellants/claimants filed the present Miscellaneous

First Appeal seeking enhancement of compensation against the

MFA No. 1242 of 2021

judgment and award dated 06.01.2021 passed in MVC

No.1356/2019 on the file of the VIII Additional Judge and

ACMM, Court of Small Causes, Bengaluru, awarding

compensation of `26,34,000/- with interest at 9% per annum

from the date of claim petition till realization.

2. Today, the matter is posted for admission.

3. A memo dated 22.06.2022, duly signed by advocate for

appellants and advocate for second respondent is filed in the

open Court, stating that the appellants and second respondent

have settled the matter out of Court. The second respondent

has agreed to pay a sum of `27,00,000/- as additional global

compensation and the appellants have agreed to receive the

said amount. Further, the second respondent has prayed to

grant six weeks' time to deposit the aforesaid amount before

the Tribunal.

4. The Memo is placed on record.

5. In view of the above, the Miscellaneous First Appeal is

disposed off in terms of the Memo. As agreed in the Memo,

the second respondent is directed to pay a sum of `27,00,000/-

MFA No. 1242 of 2021

as additional global compensation to the appellants/claimants,

within a period of six weeks from the date of receipt of copy of

this Judgment. On such deposit being made by the second

respondent, the apportionment shall be in terms of the

judgment and award passed by the Tribunal.

Sd/-

JUDGE

Sd/-

JUDGE

kcm