Shri.Shankar Dattu Devarmani vs Shri.Irappa Sadashiv Ghasti
2024 Latest Caselaw 4654 Kant

Karnataka High Court

Shri.Shankar Dattu Devarmani vs Shri.Irappa Sadashiv Ghasti on 15 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                         NC: 2024:KHC-D:3701
                                                          MFA No. 103700 of 2019




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                                BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                       MISCELLANEOUS FIRST APPEAL NO.103700 OF 2019 (MV-I)
                      BETWEEN:

                      SHRI. SHANKAR DATTU DEVARMANI,
                      AGE: 50 YEARS, OCC: AGRICULTURE (NOW NIL),
                      R/O: SANKONATTI, TQ: ATHANI,
                      DISTRICT: BELAGAVI,
                      PIN CODE: 591304.
                                                                      ...APPELLANT
                      (BY SRI. SANJAY S.KATAGERI, ADVOCATE)

                      AND:

                      1.   SHRI. IRAPPA SADASHIV GHASTI,
                           AGE: 36 YEARS, OCC: BUSINESS,
                           R/O: SAVADI, TAL: ATHANI,
                           DIST: BELAGAVI, PIN CODE: 591240
                           (OWNER OF THE TRUCK BEARING
                           REGISTERED NO.KA-22/A-7903).

                      2.   THE MANAGER,
SAMREEN                    SHRIRAM GENERAL INSURANCE COMPANY LTD.,
AYUB
DESHNUR                    S-5TH FLOOR, MONARCH CHAMBERS,
Digitally signed by
SAMREEN AYUB
                           INFANTRY ROAD, BENGALURU,
DESHNUR
Date: 2024.02.22
16:49:18 +0530
                           PIN CODE: 560001.
                           (INSURER OF THE TRUCK BEARING
                           REGISTERED NO.KA-22/A-7903).
                                                                 ...RESPONDENTS
                      (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2;
                          R1 HELD SUFFICIENT)

                            THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
                      1988, AGAINST THE JUDGMENT AND AWARD DATED 02.03.2019
                      PASSED IN MVC NO.495/2014 ON THE FILE OF THE ADDITIONAL
                      SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLE ACCIDENT
                      CLAIMS TRIBUNAL, ATHANI, PARTLY ALLOWING THE CLAIM
                      PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
                      COMPENSATION.
                                 -2-
                                        NC: 2024:KHC-D:3701
                                         MFA No. 103700 of 2019




     THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

Heard Sri.Sanjay S.Katageri and Sri.Subhas J.Baddi,

learned counsel for the parties.

Joint memo is filed on behalf of the insurance

company, signed by both Sri.Sanjay S. Katageri and

Sri.Nagaraj C. Kollori, counsels. Memo reads as under:

"This appeal filed by claimant for enhancement against the judgment and award in MVC/WC No.495/2014 on the file of the MACT/Tribunal Athani. The parties to the Appeal have settled their claim on the following terms:

The appellant/s has/have agreed to receive and Respondent No. 2 (Shriram General Insurance Company Ltd.,) has agreed to pay a sum of the Rs.2,00,000/- (Two Lakh rupees only) in addition to what has been awarded by the tribunal in full and final settlement of the claim.

The respondent No. 2 has agreed to deposit the said amount before the tribunal within six weeks from the date of preparation of award. The parties are not entitled to any cost.

NC: 2024:KHC-D:3701

The parties to this appeal have set their hands to this settlement."

In view of the memo, appeal is disposed of.

Sd/-

JUDGE

HMB