Karnataka High Court
Shri. Rudrappa Baramappa Kattekar vs Shri. Vilas Bankatrao Kalkute on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:3698
MFA No. 104275 of 2018
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.104275 OF 2018 (MV-D)
BETWEEN:
1. SHRI. RUDRAPPA BARAMAPPA KATTEKAR,
AGE: 40 YEARS, OCC:COOLIE,
R/O: VIRAPANKOP VILLAGE,
TAL. & DIST: BELAGAVI-590008.
2. SMT. MANJULA W/O. RUDRAPPA KATTEKAR,
AGE: 32 YEARS, OCC:COOLIE,
R/O: VIRAPANKOP VILLAGE,
TAL and DIST:BELAGAVI-590008.
...APPELLANTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
SAMREEN AND:
AYUB
DESHNUR
Digitally signed by
SAMREEN AYUB
DESHNUR
Date: 2024.02.23
1. SHRI. VILAS BANKATRAO KALKUTE,
14:28:25 +0530
AGE: MAJOR, OCC: BUSINESS,
R/O: KHARDEWADI, TAL. & DIST.
BEED-431122, MAHARASHTRA STATE.
(OWNER OF TRUCK NO.MH-14-F-5884)
2. THE DIVISIONAL MANAGER,
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
3-8, EPIP, RIICO, INDUSTRIAL AREA,
SITAPURA, JAIPUR, RAJASTHAN-302022.
(INSURER OF TRUCK NO.MH-14-F-5884 AND
-2-
NC: 2024:KHC-D:3698
MFA No. 104275 of 2018
POLICY NO.215004/31/16/001739,
VALID FROM 19.12.2015 TO 18.12.2016)
3. SHRI. BASAPPA BHIMAPPA DIPOJI,
AGE: 29 YEARS, OCC: BUSINESS,
AT 7 POST: VEERANKOPPA, POST: MUTNAL,
TAL: and DIST:BELAGAVI-590008.
4. THE SR.DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO LTD.,
DIVISIONAL OFFICE, MADIWALE ARCADE,
CLUB ROAD, BELAGAVI-590002.
...RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
SRI. S.S. JOSHI, ADVOCATE FOR R4;
R3 SERVED,
R1 DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.03.2018
PASSED IN MVC NO.1719/2016 ON THE FILE OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUGE AND ADDL.
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:3698
MFA No. 104275 of 2018
JUDGEMENT
Heard Smt.Geetha K.M.@ Pawar, Sri.S.K.Kayakmath
and Sri.S.S.Joshi, learned counsel for the parties.
Joint memo is filed ons behalf of the insurance
company, signed by both Smt.Geetha K.M. @ Pawar 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.1719/2016 on the
file of the MACT/Tribunal Belagavi. 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.40,000/-
(Forty thousand rupees only) in addition to
what has been awarded by the tribunal in
full and final settlement of the claim.
NC: 2024:KHC-D:3698
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.
The parties to this appeal have set their
hands to this settlement."
In view of the memo, appeal is disposed of.
Sd/-
JUDGE
HMB
