Abida Begaum @ Abeeda W/O Mukthar ... vs Shekappa S/O Basappa Gulannawar
2023 Latest Caselaw 3262 Kant

                                        -1-
                                                  MFA No. 20302 of 2011




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 14TH DAY OF JUNE, 2023

                                      BEFORE

                       THE HON'BLE MRS. JUSTICE M.G.UMA

            MISCELLANEOUS FIRST APPEAL NO.20302 OF 2011 (MV)

            BETWEEN:

            ABIDA BEGAUM @ ABEEDA
            W/O MUKTHAR AHMAD LOHANI,
            AGE: 39 YEARS, RESIDENT OF MIG-50,
            NAVANAGAR, HUBLI, DIST: DHARWAD.
                                                            ...APPELLANT
            (BY SRI MOHANKUMAR M., ADVOCATE)

            AND:

            1.   SHEKAPPA S/O. BASAPPA GULGANNAWAR,
                 AGED ABOUT 39 YEARS, ANCHATAGERI STREET,
                 KARWAR ROAD, HUBLI. (DRIVER OF
                 TEMPO TRAX TAXI NO. KA-25/A-2970)

            2.   S.F. HUGAR, AT INAMHONGAL,
                 TALUK: SAUNDATTI.
                 (OWNER OF TEMPO TRAX TAXI NO 25/A-2970).
Digitally
signed by
VINAYAKA    3.  THE MANAGER,
BV              NATIONAL INSURANCE COMPANY LIMITED,
                BRANCH OFFICE, COTTON SALES STY. BUILDING,
                NEW COTTON MARKET, HUBLI - 580 029.
                                                        ...RESPONDENTS
            (BY SRI RAJESHB. RAJANAL, ADVOCATE FOR R3;
                 NOTICE TO R1 AND R2 ARE SERVED)

                 THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
            1988, AGAINST THE JUDGMENT AND AWARD DATED 13.10.2010,
            PASSED IN M.V.C.NO.05/2008, ON THE FILE OF THE I ADDITIONAL
            SENIOR CIVIL JUDGE, AND CJM, DHARWAD, PARTLY ALLOWING THE
            CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
            OF COMPENSATION.
                                  -2-
                                          MFA No. 20302 of 2011




     THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant and respondent

No.3 filed the joint memo reporting settlement between

the parties. It is stated that the appellant-claimant is

agreed to receive an additional compensation of

Rs.65,000/- from respondent No.3, towards full and final

settlement of the claim, with interest at the rate of 9% per

annum from the date of default.

2. The joint memo is placed on record.

3. The appeal is allowed in part in terms of the

joint memo.

4. Office is directed to draw award accordingly.

SD/-

JUDGE

EM