Karnataka High Court
The Manager vs Smt Manjula on 28 June, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.556 OF 2021(MV)
BETWEEN:
THE MANAGER
BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD
DEWAN S ROAD, NEAR RAMASWAMY CIRCLE MYSURU
NOW REPERESENTED BY THE MANAGER
BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD, NO.21
4TH FLOOR, GOLDEN HEIGHTS COMLPLEX
56TH C CROSS, NEAR SUJATHA THEATRE
RAJAJI NAGAWR
BANGALORE 560010.
...APPELLANT
(BY SRI.A N KRISHNA SWAMY, ADV.)
AND:
1. SMT MANJULA
W/O LATE RAJA
AGED ABOUT 45 YEARS.
2. SRI SHIVANNA
S/O LATE RAJA
AGED ABOUT 31 YEARS.
3. SRI BASAVA
S/O LATE RAJA
AGED ABOUT 29 YEARS
2
R1 TO R3 ARE R/AT
HUNASEKUPPE VILLAGE
DHAMANAKATE HADI
HOSAHOLALU POST
ANTHARASANTHE HOBLI
H.D. KOTE TALUK,
MYSURU DISTRICT 570001.
4. SMT VASANTHA
W/O SURESH
AGED ABOUT 26 YEARS
R/AT BALLARI GATE, KUTTA
VIRAJPET TALUK-571218.
5. SMT SUMALATHA
W/O VENKATESH
AGED ABOUT 24 YEARS
R/AT HUNASEKUPPE VILLAGE
DHAMANAKATTE HADI
HOSAHOLALU POST
ANTHARASANTHE HOBLI
H.D.KOTE TALUK
MYSURU DISTRICT-570001.
6. SRI ANUP ABRAHAM
S/O V C ABRAHAM
AGED ABOUT 43 YEARS
R/AT NO.13, BEETH LEHAM
RAMANANJAPPA LAYOUT
B NARAYANAPURA
BENGALURU-560016.
...RESPONDENTS
(BY SRI. S.A. SABOOR, ADV. FOR R1 TO R5:
SRI. MOHAMMED TANVIR, ADV. FOR R6)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
31.12.2019 PASSED IN MVC NO. 1150/2017 ON THE FILE
OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES,
3
AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS
TRIBUNAL, MYSURU, AWARDING COMPENSATION OF RS.
22,59,500/- WITH INTEREST AT 6 PERCENT P.A. FROM
THE DATE OF PETITION TILL ITS REALIZATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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 Insurance Company
being aggrieved by the judgment dated 31.12.2019
passed by the Motor Accident Claims Tribunal, Mysuru
in MVC No.1150/2017.
2. Learned counsel for the parties have
agreed for reduction of compensation awarded by the
Tribunal from Rs.22,59,500/- to Rs.21,75,824/-. To
that effect, today, the learned counsel for the parties
have filed a memo stating that the claimants have
agreed to receive a sum of Rs.21,75,824/- from the
respondent-Insurance Company in full and final
settlement of the claim. The memo dated is extracted
hereunder:
"The total compensation payable to claimants may
be determined at Rupees Twenty One Lakhs Seventy
Five Thousand Eight Hundred Twenty Four as against
Twenty Two Lakshs Fifty Nine Thousand Five
Hundred fixed by MACT.
Compensation awarded by MACT - Rs.22,59,500/-
Amount agreed before this Court - Rs.21,75,824/-
Difference - Rs. 83,676/-"
3. The said memo signed by the respective
counsel is taken on record.
4. Accordingly, the appeal is disposed of in
terms of the memo. The memo is ordered to be
treated as part of this order.
The Insurance Company is directed to deposit
the compensation amount along with interest @ 6%
p.a. as agreed in terms of memo from the date of
filing of the claim petition till the date of realization,
within a period of six weeks from the date of receipt of
copy of this judgment.
Office is directed to transfer the amount
deposited by the Insurance Company before this Court
to the concerned Tribunal.
Since the appeal is disposed of, all pending I.As.
do not survive for consideration, hence, the same are
disposed of.
Sd/-
JUDGE
HA/-
