Master Kiran vs M R K Shivaram
2023 Latest Caselaw 5371 Kant

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                                                       NC: 2023:KHC:27793
                                                     MFA No.4741 of 2012




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF AUGUST, 2023

                                        BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                 MISCELLANEOUS FIRST APPEAL NO.4741 OF 2012 (MV-I)
                BETWEEN:

                MASTER KIRAN
                S/O SHIVANNAAGED ABOUT 8 YEARS
                R/AT THIMMASANDRA,
                KASABA HOBLI
                MAGADI TALUK,
                RAMANAGARA DISTRICT
                (SINCE PETITIONER IS MINOR REP BY HIS FATHER
                NATURAL GUARDIAN SRI SHIVANNA)
                                                            ...APPELLANT
                (BY SRI. M BABU, ADVOCATE)

                AND:

                1.    M R K SHIVARAM
Digitally
signed by JAI         FATHERS NAME NOT KNOWN
JYOTHI J
Location:             MAJORR/AT C-46, PWD QUARTERS
HIGH
COURT OF              JB NAGAR, BANGALORE-560075
KARNATAKA


                2.    ROYAL SUNDARAM ALLILANCE INSURANCE CO. LTD
                      REP BY ITS MANAGER
                      NO. 152, RICHMOND ROAD
                      BANGALORE-560035
                                                        ...RESPONDENTS
                (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2)

                    THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                JUDGMENT AND AWARD DATED 5.8.2011 PASSED IN MVC
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                                          NC: 2023:KHC:27793
                                        MFA No.4741 of 2012




NO.9410/2009 ON THE FILE OF THE XVIII ADDL. JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

This appeal is filed by the claimant aggrieved by the

award dated 05th August, 2011 passed in MVC No.9410 of 2019

by the XVIII Additional Judge, Court of Small Causes and

Member, Motor Accident Claims Tribunal-4, Bangalore.

2. Claim petition was filed seeking compensation amount

of Rs.10.00 lakh, but the Tribunal has awarded a sum of

Rs.25,000/-. When the matter was called out in the morning

session, it was submitted by the learned counsel for the

respondent No.2 that the parties have settled the dispute and

the respondent No.2-Insurance Company has agreed to settle

the matter for a global sum of Rs.50,000/- as full and final

settlement and the appellant-claimant has agreed for the same.

Respondent No.2-Insurance Company agrees to deposit the

amount within four weeks from the date of the order. A joint

memo is filed on behalf of both the parties before this Court.

Considering the joint memo filed before this Court wherein the

NC: 2023:KHC:27793 MFA No.4741 of 2012

they have agreed for a global sum of Rs.50,000/- to be paid by

the respondent No.2-Insurance Company to the

appellant/claimant, the appeal stands disposed of. Respondent

No.2-Insurance Company shall deposit the amount of

Rs.50,000/- within a period of four weeks from the date of this

order.

SD/-

JUDGE

LNN