Smt. Devi Bai W/O Late Honnur Rao vs R. Nagabhushan S/O Ayyanna
2023 Latest Caselaw 5963 Kant

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                                                       NC: 2023:KHC-D:9507-DB
                                                     MFA No. 101228 of 2022




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                          DATED THIS THE 24TH DAY OF AUGUST, 2023
                                          PRESENT
                        THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                             AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                 MISCELLANEOUS FIRST APPEAL NO. 101228 OF 2022 (MV-D)
                 BETWEEN:
                 1.   SMT. DEVI BAI W/O. LATE HONNUR RAO,
                      AGE: 45 YEARS, OCC: HOUSEHOLD,
                      R/O: WARD NO.4, CHAPPARADAHALLI,
                      TARANAGAR VILLAGE, SANDUR TALUK,
                      BALLARI DISTRICT, PRESENTLY CAMPED AT
                      VADDARABANDA, ELAHI LANE, BALLARI.

                 2.   MANJUNATH S/O. LATE HONNUR RAO,
                      AGE: 29 YEARS, OCC: STUDENT,
                      R/O: WARD NO.4, CHAPPARADAHALLI,
                      TARANAGAR VILLAGE, SANDUR TALUK,
                      BALLARI DISTRICT, PRESENTLY CAMPED AT
                      VADDARABANDA, ELAHI LANE, BALLARI.

                 3.   LATHA BAI D/O. LATE HONNUR RAO,
                      AGE: 23 YEARS, OCC: STUDENT,
                      R/O: WARD NO.4, CHAPPARADAHALLI,
MOHANKUMAR            TARANAGAR VILLAGE, SANDUR TALUK,
B SHELAR
                      BALLARI DISTRICT, PRESENTLY CAMPED AT
HIGH COURT
OF KARNATAKA          VADDARABANDA, ELAHI LANE, BALLARI.
2023.08.28
15:40:48 +0530                                                  ...APPELLANTS
                 (BY SRI.B.S.SANGATI, ADVOCATE)
                 AND:
                 1.   R. NAGABHUSHAN S/O. AYYANNA
                      AGE: 41 YEARS, OWNER CUM RIDER OF THE
                      HERO HONDA SPLENDOR MOTOR CYCLE, BEARING
                      REGARDING NO.KA-35/U-3023, KHANAHOSAHALLI
                      VILLAGE, KUDLIGI TALUK, BALLARI DISTRICT.

                 2.   THE DIVISIONAL MANAGER,
                      UNITED INDIA INSURANCE CO. LTD.,
                      PARVATHI NAGAR, MAIN ROAD, BALLARI.
                                                              ...RESPONDENTS
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                                         NC: 2023:KHC-D:9507-DB
                                      MFA No. 101228 of 2022




(BY SRI.S.S.KOLIWAD, ADVOCATE FOR R2;
   R1-NOTICE DISPENSED WITH)


      THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
31.07.2020    PASSED IN MVC NO.311/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-VI,
KUDLIGI SITTING AT SANDUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.


     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the parties have filed a memo

dated 24.08.2023 enclosing joint memo stating that the

matter has been amicably settled between the parties.

2. As per the terms and conditions of joint memo,

the appellants/claimants have agreed to receive and

respondent/Insurance Company has agreed to pay global

sum of Rs.1,60,000/- towards full and final settlement of

the claim in the present appeal, in addition to

compensation of Rs.11,50,000/- awarded by the Tribunal.

The said joint memo is taken on record.

NC: 2023:KHC-D:9507-DB MFA No. 101228 of 2022

3. Accordingly, the appeal stands disposed off in

terms of the joint memo. The impugned judgment and

award of the Tribunal is modified to that extent.

Respondent/Insurance Company is directed to pay a sum

of Rs.1,60,000/- to the appellants within a period of six

weeks from today.

Sd/-

JUDGE

Sd/-

JUDGE

JTR