Gurumurthi H.E. S/O. Eshwarappa vs Mr Prutviraj R S/O. Rajappa T
2024 Latest Caselaw 4660 Kant

Karnataka High Court

Gurumurthi H.E. S/O. Eshwarappa vs Mr Prutviraj R S/O. Rajappa T on 15 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                               -1-
                                                      NC: 2024:KHC-D:3699
                                                       MFA No. 103939 of 2023




                    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.103939 OF 2023 (MV-I)
                   BETWEEN:
                   GURUMURTHI H.E. S/O. ESHWARAPPA,
                   AGE: 35 YEARS, OCC: AGRICULTURE NOW NIL,
                   R/O. HIREKOGALUR VILLAGE, TQ. CHANNAGIRI,
                   DIST. DAVANAGERE, NOW AT #8, VIDYANAGAR,
                   1ST MAIN, 2ND CROSS, RANEBENNUR-581115,
                   DIST. HAVERI.
                                                                     ...APPELLANT

                   (BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

                   AND:
                   1.   MR PRUTVIRAJ R. S/O. RAJAPPA T.,
                        AGE: MAJOR, OCC: BUSINESS,
                        R/O. #370/74, ACHARYA LAYOUT,
                        HARAPANAHALLI, TQ. HARAPANAHALLI,
                        DIST. DAVANAGERE-583131.
                        (OWNER OF HGV TIPPER BEARING
                        REG. NO.KA-17/C-4155)

SAMREEN            2.   THE MANAGER LEGAL CLAIMS,
AYUB
DESHNUR                 SRIRAM GENERAL INSURANCE CO.LTD.,
Digitally signed
by SAMREEN
AYUB DESHNUR
                        CST NO.477/1M-1, 1ST FLOOR,
Date: 2024.02.23
14:33:01 +0530          V.A. KALBURGI HALLMARK, DESAI CROSS,
                        PINTO ROAD, HUBBALLI-580029.
                                                                   ...RESPONDENTS
                   (BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R2;
                       R1 DISPENSED WITH)
                         THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MOTOR
                   VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
                   01.09.2020 PASSED IN MVC NO.955/2018 ON THE FILE OF THE
                   PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
                   ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR PARTLY ALLOWING THE
                   CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
                   OF COMPENSATION.
                            -2-
                                  NC: 2024:KHC-D:3699
                                   MFA No. 103939 of 2023




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

                       JUDGMENT

Joint memo is filed for disposal of the appeal and the

same reads as under:

"JOINT MEMO

This appeal filed by claimant for enhancement against the judgment and award in MVC/WC No.955/2018 on the file of the MACT/Tribunal Ranebennur. 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.1,30,000/- (One Lakh Thirty Thousand 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.

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

NC: 2024:KHC-D:3699

2. In view of the joint memo, appeal stands disposed

of.

3. Office is directed to pass the modified decree.

4. Appellant is not entitled for the interest for the

delayed period of 479 days in filing the appeal.

Sd/-

JUDGE

HMB