H. Srinivasulu vs P. Raja S/O. Chinigi Sab
2024 Latest Caselaw 4706 Kant

Citation : 2024 Latest Caselaw 4706 Kant
Judgement Date : 15 February, 2024

Karnataka High Court

H. Srinivasulu vs P. Raja S/O. Chinigi Sab on 15 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                    -1-
                                                          NC: 2024:KHC-D:3716
                                                            MFA No. 102946 of 2016




                        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.102946 OF 2016 (MV-I)
                       BETWEEN:

                       H. SRINIVASULU S/O. HUSENAPPA,
                       AGE: 42 YEARS, OCC: WORKING AS LOCO-PILOT,
                       WORKING IN UNIQUE RAIL IN JSW AT TORANAGALLU,
                       R/O. DEVI NAGAR, 3RD CROSS BALLARI.

                                                                        ...APPELLANT
                       (BY SRI. M.AMAREGOUDA, ADVOCATE)

                       AND:

                       1.   P. RAJA S/O. CHINIGI SAB,
                            AGE: 30 YEARS, OCC: DRIVER OF
                            VEHICLE NO.AP-21/TY-8129,
                            R/O. HOLAGUNDA VILLAGE AND MANDALAM
                            IN ALUR TALUKA OF KURNOOL DISTRICT.

                       2.   MUSLIM KASIM S/O. MABU PEERA SAB,
                            AGE: MAJOR,
          Digitally
          signed by         R/O. H.NO.142-1, VANDAVGUKU (V)
          SAMREEN           GIKAGYBDA (M), KURNOOL, A.P.STATE.
SAMREEN   AYUB
AYUB      DESHNUR
DESHNUR   Date:
                       3.   THE DIVISIONAL MANAGER,
          2024.02.23
          16:24:42
          +0530
                            SRIRAM GENERAL INSURANCE CO.LTD.,
                            K.C. ROAD, OPP. TO JANATHADAL OFFICE,
                            BALLARI.
                                                                     ...RESPONDENTS
                       (BY SRI. M.Y. KATAGI, ADVOCATE FOR R3;
                            R1-R2 DISPENSED WITH)

                             THIS M.F.A. IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
                       THE JUDGMENT AND AWARD DATED 13.06.2016 PASSED IN MVC
                       NO.462/2015 ON THE FILE OF THE MEMBER MOTOR ACCIDENT
                       CLAIM TRIBUNAL-XII AT BALLARI, PARTLY ALLOWING THE CLAIM
                       PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
                       COMPENSATION.
                                 -2-
                                          NC: 2024:KHC-D:3716
                                              MFA No. 102946 of 2016




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


                           JUDGMENT

Appellant and respondents are present with their

respective counsel. They present a joint memo.

2. Joint memo reads as under:

"JOIN T MEMO This appeal filed by claimant for enhancement against the jud gment and award in MVC/WC No.462/2015 on the file of the MACT/Tribunal Bellary. The parties to the Appeal have settled their claim on the following terms:

The appellant/s has/have agreed to receive and Respondent No.3 (Shriram General Insurance Company Ltd.,) has agreed to pay a sum of the Rs.80 ,000/- (Eighty Thousand only) in addition to what has been awarded by the tribunal in full and final settlement of the claim.

The respondent No.3 has agreed to deposit the said amount before the tribunal within six weeks from the

NC: 2024:KHC-D:3716

date of preparation of award. The parties are not entitled to any cost.