Siddamma vs Muniraja
2022 Latest Caselaw 7595 Kant

                         1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF MAY 2022

                     BEFORE

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

           MFA No.3928 OF 2020 (MV)
BETWEEN:

1.   SIDDAMMA
     W/O EERLINGAIAH @ YERILINGAIAH
     NOW AGED ABOUT 47 YEARS

2.   PRAMEELA
     D/O EERLINGAIAH @ YERILINGAIAH
     NOW AGED ABOUT 30 YEARS

3.   NANDINI
     D/O EERLINGAIAH @ YERILINGAIAH
     NOW AGED ABOUT 27 YEARS

4.   KOMALA
     D/O EERLINGAIAH @ YERILINGAIAH
     NOW AGED ABOUT 26 YEARS

     APPELLANT NOS.1,3,4 ARE R/AT
     KIRIGAVALU HOBLI
     MALAVALLI TALUK
     MANDYA DISTRICT
     APPELLANT NO.2 IS R/AT
     ALAGUDUT NARASIPURA TALUK
     MYSORE DISTRICT

                                      ...APPELLANTS
(BY SRI. RANGEGOWDA N. R., ADV.)
                            2



AND:

1.     MUNIRAJA
       S/O MUNIYAPPA
       AGED MAJOR, R/O NO.31/42
       LALBAGH SIDDAPURA
       JAYANAGARA IST BLOCK
       IST CROSS J C COLONY
       BANGALORE-560 011

2.     TATA AIG GENERAL INS. CO. LTD
       NO.69 3RD FLOOR, J P AND DEVI
       JAMBUKESHWARA ARCADE
       MILLER" ROAD
       BANGALORE-560 052
                                        ...RESPONDENTS
(BY SRI.B. PRADEEP, ADV. FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
13.01.2020 PASSED IN MVC NO. 653/2018 ON THE FILE
OF THE MEMBER, MACT, C/C XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-15),
PARTLY    ALLOWING    THE  CLAIM   PETITION   FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION

    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 claimants being

aggrieved by the judgment dated 13.01.2020 passed

by the Motor Accident Claims Tribunal in

MVC No.653/2018.

2. Today, the learned counsel for the parties

have filed a joint memo stating that the claimants

have agreed to receive a sum of Rs.8,50,000/- from

the respondent-Insurance Company in addition to the

compensation awarded by the Tribunal in full and final

settlement of the claim. The joint memo is extracted

hereunder:

"The appellants have negotiated the matter with 2nd Respondent Insurance Company and the Appellants/Claimants have agreed to received and the 2nd Respondent TATA AIG General Insurance Company has agreed to pay lump sum of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of Claim. Hence this Hon'ble Court may kindly be pleased to, the Joint Memo may be taken on Record and pass

necessary orders in the interest of Justice and equity."

The joint memo signed by the respective counsel

is taken on record.

Accordingly, the appeal is disposed of in terms of

the joint memo. The joint memo is ordered to be

treated as part of this order.

The Insurance Company is directed to deposit

the entire compensation amount along with interest @

7% p.a. awarded by the Tribunal, in addition to

Rs.8,50,000/- as agreed in terms of the joint 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.

Sd/-

JUDGE

HA/-