Smt. Pillarishettry Vijaya Sai ... vs Mrs. Pillarisetty Usha Rani
2022 Latest Caselaw 7603 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 27TH DAY OF MAY, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE B. VEERAPPA

                          AND

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

     MISCELLANEOUS FIRST APPEAL No.7224/2019 (MV-D)

BETWEEN:

1.      SMT. PILLARISHETTRY
        VIJAYA SAI VANI PARVATHI DURGA,
        W/O LATE PILLARYSETTY KRISHNAKANTH,
        AGED ABOUT 33 YEARS,

2.      SMT. PILLARISHETTRY SEERSHIKA,
        D/O LATE PILLARYSETTY KRISHNAKANTH,
        AGED ABOUT 06 YEARS,

        SINCE 2ND APPELLANT BEIN THE MINOR,
        REP. BY HER MOTHER AND NATURAL
        GUARDIAN I.E., APPELLANT NO.1.

3.      PILLARISETTY NARAYANA RAO,
        S/O VEERANNA,
        AGED ABOUT 69 YEARS,

        ALL ARE RESIDING AT,
        C/O VEERASRINIVAS PILLARISETTY,
        NO.14, 2ND FLOOR,
        11TH CROSS, 3RD MAIN,
        NEW MANJUNATHA LAYOUT,
                          -2-


       RAMAMURTHYNAGAR,
       BANGALORE - 560 016.
                                      ...APPELLANTS
(BY SRI SUBRAMANI G.N., ADVOCATE)

AND:

1.     MRS. PILLARISETTY USHA RANI,
       W/O NARAYAN RAO,
       AGED ABOUT 58 YEARS,
       NO.45/2/6 JAGANNAHAPURAM,
       KAKINADA - 533 002,
       ANDHRA PRADESH.

2.   IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
     REGIONAL OFFICE,
     SRI SHANTHI TOWERS,
     NO.141, 5TH FLOOR, III MAIN,
     EAST TO NGEF LAYOUT,
     KASTURINAGAR,
     BANGALORE - 560 002.
                                     ...RESPONDENTS
(BY SRI D. VIJAY KUMAR, ADVOCATE FOR R2. VIDE
ORDER DATED 01.04.2021. NOTICE TO R1 IS
DISPENSED WITH)
                         ****

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.04.2019 PASSED IN
MVC NO.492/2018 ON THE FILE OF THE II ADDITIONAL
JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES,
BENGALURU, (SCCH-13), 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 came to

be filed by the claimants for enhancement of

compensation, assailing the impugned judgment and

award dated 15/04/2019, passed in

MVC.No.492/2018, by the Additional Small Causes

Judge and the Motor Accident Claims Tribunal,

Bengaluru, awarding total compensation of

Rs.30,70,000/- (Rupees thirty lakh and seventy

thousand only) with interest at the rate of 6% per

annum from the date of petition till the date of deposit

of the amount awarded by the Tribunal.

2. After mutual discussion between the

parties, the insurance company has agreed to pay an

additional compensation of Rs.12,00,000/- (Rupees

twelve lakh only) in lump-sum without any interest, in

addition to the compensation awarded by the Tribunal

and it is also agreed that the said amount would be

deposited within eight weeks from the date of receipt

of certified copy of this judgment and award.

3. The appellants have agreed for the said

proposal. Accordingly, the parties have filed the joint

memo dated 27/05/2022, duly signed by learned

counsel for the appellants and learned counsel for

respondent No.2.

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.2 to

pay the additional compensation of Rs.12,00,000/-

(Rupees twelve lakh only) in lump-sum, in addition to

the award passed by the Tribunal as full and final

settlement and the said amount shall be deposited

within a period of eight weeks without fail, from the

date of receipt of a certified copy of this judgment and

award.

6. In the result, appeal is disposed of.

No order as to costs.

Sd/-

JUDGE

Sd/-

JUDGE

S* CT:GD