Shankaramma vs Praveen K. S
2024 Latest Caselaw 19469 Kant

Karnataka High Court

Shankaramma vs Praveen K. S on 2 August, 2024

                                                  -1-
                                                          NC: 2024:KHC:30742
                                                        MFA No.5032 of 2017




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 2ND DAY OF AUGUST, 2024
                                              BEFORE
                      THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                      MISCELLANEOUS FIRST APPEAL NO.5032 OF 2017 (MV-D)


                     BETWEEN:

                     1.    SHANKARAMMA
                           W/O LATE RAMESH
                           AGED ABOUT 31 YEARS.

                     2.    MARUTHI .R
                           S/O LATE RAMESH
                           AGED ABOUT 12 YEARS.
Digitally signed by
PRAJWAL A
Location: HIGH COURT 3.    PRIYANKA .R
OF KARNATAKA               D/O LATE RAMESH
                           AGED ABOUT 10 YEARS.

                     4.    GANGAMMA
                           W/O LATE HANUMANTHAIAH
                           AGED ABOUT 60 YEARS.

                     5.    ANANTHA
                           S/O LATE HANUMANTHAIAH
                           AGED ABOUT 31 YEARS.

                           ALL ARE R/AT.
                           GURUVINAIAHNAPALYA
                           MADHUGIRI ROAD
                           SIRA GATE, TUMKUR CITY.

                           SINCE APPELLANT NO.2 & 3
                           ARE MINOR, HENCE REP. BY
                              -2-
                                       NC: 2024:KHC:30742
                                     MFA No.5032 of 2017




     THEIR NATURAL GUARDIAN AND
     1ST APPELLANT SHANKARAMMA.

                                            ...APPELLANTS
(BY SMT. BHANU H.M. ADV.,)


AND:

1.   PRAVEEN K.S.
     S/O SIDDARAMAIAH
     AGED ABOUT 22 YEARS
     R/AT. KAGGERE VILLAGE
     DODDANARAVANGALA POST
     BELLAVI HOBLI, TUMKUR TALUK.

2.   THE MANAGER
     ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
     MANGALYA PUNARBHAV
     NO.132, BRIGADE ROAD
     BANGALORE - 560 025.

                                           ...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADV., FOR R2
R1 SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:24.03.2016 PASSED IN MVC
NO.1146/2014 ON THE FILE OF THE VI ADDITIONAL DISTRICT
JUDGE AND ADDITIONAL MACT, TUMKUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE T.G. SHIVASHANKARE
          GOWDA
                                -3-
                                            NC: 2024:KHC:30742
                                        MFA No.5032 of 2017




                      ORAL JUDGMENT

Smt.Bhanu H.M., learned counsel for the appellants

and Sri.Ravi S. Samprathi, learned counsel for respondent

No.2 are present.

2. Learned counsel for both parties filed the joint

memo, which reads as follows:

"The dispute in the above appeal been settled between Appellants and second Respondent. The second Respondent has agreed to pay an additional lump sum amount of Rs.9,00,000/- (Nine Lakhs) and the Appellants have agreed to the same. The memo may kindly be recorded and appeal be disposed in the said terms to meet the ends of justice."

3. This appeal is disposed of in terms of the

above memo that the appellants are entitled to

Rs.9,00,000/- in full and final settlement of the claim.

4. The Insurance Company shall deposit the said

compensation within four weeks from the date of receipt of

copy of this order.

SD/-

(T.G. SHIVASHANKARE GOWDA) JUDGE

ABK