Citation : 2023 Latest Caselaw 10933 Kant
Judgement Date : 18 December, 2023
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NC: 2023:KHC:46243
MFA No. 9102 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 9102 OF 2019 (MV-D)
BETWEEN:
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
NO.5/5, 3RD FLOOR
MONARCH CHURCH, INFANTRY ROAD
BENGALURU 560 001
NOW REPT. BY THE MANAGER
CLAIMS, SHRIRAM GIC LTD.,
NO. 5/4, 3RD FLOOR, SV ARCADE
BELEKAHALLI MAIN ROAD
OPP B G ROAD, LIMB POST
BENGALURU - 560 076
...APPELLANT
(BY SRI.PRADEEP B.,ADVOCATE)
AND:
1. RAMU
Digitally
S/O LATE NARAYANAPPA
signed by JAI AGED ABOUT 34 YEARS
JYOTHI J
R/AT HARALAHALLI VILLAGE
Location:
HIGH COURT PANDAVAPURA TALUK
OF MANDYA DISTRICT - 571 434
KARNATAKA
2. SINGAMMA
W/O SIDDAIAH
D/O LATE NARAYANAPPA
AGED ABOUT 39 YEARS
R/AT KENNALU VILLAGE
PANDAVAPURA TALUK,
MANDYA DISTRICT 571 434
3. GOWRAMMA
W/O LATE NARAYANAPPA
-2-
NC: 2023:KHC:46243
MFA No. 9102 of 2019
AGED ABOUT 37 YEARS
R/AT MARAKIPURA VILLAGE
PANDAVAPURA TALUK
MANDYA DISTRICT 571 434
4. P CHANDRASHEKARA
S/O PUTTASWAMY
MAJOR
R/AT NO 3539, 3RD MAIN
2ND CROSS, TILAKNAGARA
MYSURU - 570 001
...RESPONDENTS
(BY SRI.K.V.NAIK .,ADVOCATE FOR R-1 TO R-3., NOTICE
SERVED TO R-4)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.06.2019 PASSED IN MVC
NO.357/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, PANDAVAPURA, AWARDING
COMPENSATION OF RS.7,82,800/- WITH INTEREST AT 9
PERCENT P.A FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC.No.357/2015
dated 12.06.2019, the appellant-insurance company is
before this court questioning the quantum of
compensation.
NC: 2023:KHC:46243
2. Sri K.Vinayak, Learned counsel submits that he
has instructions to appear on behalf of the Respondent
No.1 to 3, and he will file the vakalath within one week
from today. Learned counsel submits the parties have
arrived at an agreement that the compensation amount
may be reduced from Rs.7,82,800/- at 9% to
Rs.7,25,000/-. Now it is agreed upon by both the
parties that an amount of Rs.7,25,000/- will be paid
globally.
3. Accordingly, the appeal is disposed off directing
the Insurance Company to pay an amount of
Rs.7,25,000/- globally and the learned counsel shall be file
the vakalath within one week from today.
(a) The amount in deposit by the Insurance Company shall be forthwith transferred to the Tribunal.
(b) The Registry is directed to return the Trial Court Record to the Tribunal along with
NC: 2023:KHC:46243
the certified copy of the order passed by this court forthwith without any delay.
(c) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
TS
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