Kalavura Basavarajappa Shilpa D/O. ... vs Mr Prutviraj R S/O. Rajappa T
2024 Latest Caselaw 4661 Kant

Karnataka High Court

Kalavura Basavarajappa Shilpa D/O. ... vs Mr Prutviraj R S/O. Rajappa T on 15 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                               -1-
                                                     NC: 2024:KHC-D:3700
                                                       MFA No. 103940 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.103940 OF 2023 (MV-I)
                   BETWEEN:

                   KALAVURA BASAVARAJAPPA SHILPA
                   D/O. KALAVURA GOUDRA BASAVARAJAPPA @ SHILPA
                   W/O. GURUMURTHY,
                   AGE: 33 YEARS,
                   OCC: TAILORING & HOUSEHOLD WORK, NOW NILL,
                   R/O. KALAURU VILLAGE, TQ AND 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,
SAMREEN                 DIST. DAVANAGERE-583131.
AYUB
DESHNUR

                   2.   THE MANAGER LEGAL CLAIMS,
Digitally signed
by SAMREEN
AYUB DESHNUR
Date: 2024.02.23
14:33:10 +0530
                        SHRIRAM GENERAL INSURANC CO. LTD,
                        CST NO.477/1M-1, 1ST FLOOR, 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 U/S.173(1) OF MOTOR VEHICLES ACT,
                   AGAINST THE JUDGMENT AND AWARD DATED 01.09.2020 PASSED
                   IN MVC NO.956/2018 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:3700
                                   MFA No. 103940 of 2023




    THIS APPEAL, 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.956/2018 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.1,15,000/- (One Lakh Fifteen 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:3700

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