Deepak vs K Vasanth Shetty
2023 Latest Caselaw 6506 Kant

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                                                           NC: 2023:KHC:33130
                                                        MFA No. 4345 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF SEPTEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 4345 OF 2018 (MV)
                   BETWEEN:

                   DEEPAK
                   S/O NARAYANA DEVADIGA
                   R/O SARASWATHI NILAYA
                   PADDAM PADUBHAGA
                   BOMMARABETTU VILLAGE
                   HIRIYADKA,UDUPI TALUK & DISTRICT
                                                                 ...APPELLANT
                   (BY SMT. SWATHI G., ADVOCATE FOR
                   SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
                   AND:

                   1.    K VASANTH SHETTY
                         S/O DEVANNA SHETTY
                         AGED ABOUT 33 YEARS
                         R/O KAPPETTU, AMBALPADY
Digitally signed
by                       UDUPI TALUK AND DISTRIC-576201.
DHANALAKSHMI
MURTHY             2.    ICICI LOMBARD GEN INS CO LTD
Location: High           DIVISIONAL MANAGER
Court of
Karnataka                DIVISIONAL OFFICE
                         2ND FLOOR, HIND TOWER
                         OPP HEAD POST OFFICE,
                         UDUPI-576201.
                                                              ...RESPONDENTS
                   (BY SRI.B PRADEEP., ADVOCATE FOR R2:
                   NOTICE TO R1 IS DISPENSED WITH
                   V/O DATED: 21.11.2022)
                        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                   AGAINST THE JUDGMENT AND AWARD DATED:15.03.2018
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                                           NC: 2023:KHC:33130
                                     MFA No. 4345 of 2018




PASSED IN MVC NO.594/2015 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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

1. This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') has been

filed by the claimant being aggrieved by the judgment

dated 15.3.2018 passed by MACT, Udupi in MVC

No.594/2015.

2. After service of notice, the respondent-Insurance

Company has appeared through its counsel.

3. After the matter was heard for sometime, the parties

took time to settle the matter.

4. Today the learned counsel for the parties in unison

submits that both the parties have settled the matter

amicably wherein the respondent-Insurance Company has

agreed to pay a sum of Rs.9,00,000/- including interest to

NC: 2023:KHC:33130 MFA No. 4345 of 2018

the claimant towards full and final settlement of his claim.

The claimant has also agreed for the same.

5. The submission of the learned counsel for the parties

is placed on record.

6. In view of the above, the following order is passed:

ORDER

a) The appeal is allowed in part.

b) The judgment of the Claims Tribunal is modified.

c) The claimant is entitled to a total compensation of

Rs.9,00,000/- inclusive of interest.

d) The Insurance Company is directed to deposit the

compensation amount within a period of six weeks

from the date of receipt of copy of this judgment

Sd/-

JUDGE

DM