Karnataka High Court
Shivakumar.P vs Shivaraju. B.C on 19 February, 2024
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NC: 2024:KHC:7190
MFA No. 6287 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6287 OF 2014 (MV-I)
BETWEEN:
1. SHIVAKUMAR.P
S/O PUTTASWAMY
AGED ABOUT 45 YEARS
R/O NO.369/C, 5TH CROSS
LAKSHMI ROAD, SHANTHINAGAR
BNAGALORE
...APPELLANT
(BY SRI. JAI PRAKASH REDDY M.,ADVOCATE)
AND:
1. SHIVARAJU. B.C
S/O CHICKKAHANUMAIAH
AGED ABOUT 45 YEARS
R/O BILAGUMBA, KASABA HOBLI
RAMANAGARAM TALUK & DIST 571511
Digitally signed
by BHARATHI 2. THE MANAGER
S ICICI LOMBARD GENERAL INS CO LTD
Location: HIGH
COURT OF S V R COMPLEX, 2ND FLOOR
KARNATAKA NO.89, HOSUR ROAD
BANGALORE 560068
...RESPONDENTS
(BY SRI. K SHANTHARAJ FOR R1.,ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.08.2014 PASSED IN MVC
NO.436/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, RAMANAGARA, AWARDING COMPENSATION OF
RS.6,62,370/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL THE DATE OF REALIZATION.
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MFA No. 6287 of 2014
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the owner of the vehicle
challenging the judgment and award dated 05.08.2014 passed
in MVC No.436/2009 by the Additional Senior Civil Judge,
Ramanagara1.The Tribunal by its judgment and award dated
05.08.2014 allowed the claim petition and awarded a sum of
`6,62,370/- and has directed Respondent No.1 - owner to pay
the entire compensation awarded. Being aggrieved, the
present appeal is filed.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. Learned counsel for the appellant - owner at the
outset would submit that MFA No.7961/2014 was filed by the
claimant for enhancement of the compensation awarded by the
Tribunal and the said appeal was referred to the Lok-Adalath
conducted by the Legal Services Committee and vide award
dated 13.08.2022, the insurer who was arrayed as Respondent
No.2 before the Tribunal as well as in the present appeal, has
(Hereinafter referred to as the 'Tribunal'
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agreed to pay a lump sum of `9,50,000/- in addition to what
has been awarded by the Tribunal in full and final settlement to
the claim made in the claim proceedings, which has also been
agreed to by the claimant.
4. Learned counsel for the Appellant-owner adverting
to the said award passed in the Lok-Adalath submits that the
insurer having agreed to pay the compensation awarded as also
the enhanced compensation, the above appeal is required to be
allowed and 50% of the award amount which was deposited by
the appellant - owner pursuant to the order dated 31.05.2017
passed by this Court in the present appeal which was permitted
to be withdrawn by the claimant is required to be paid by the
insurer to the owner.
5. Learned counsel for the 1st respondent - claimant
and 2nd respondent-insurer are present.
6. Learned counsel for Respondent No.1 - claimant
does not dispute the fact that MFA No.7961/2014 has been
amicably settled before the Lok-Adalath. However, adverting
the wording of the award he submits that the said amount
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mentioned in the award is required to be paid in addition to the
amount awarded by the Tribunal.
7. Having regard to the fact that the factum of MFA
No.7961/2014 having been amicably settled in the Lok-Adalath
is not disputed, the above appeal is required to be allowed on
the said sole ground. It is further forthcoming that pursuant to
the order dated 31.5.2017 passed by this Court, 50% of the
award amount was deposited in a sum of `3,20,000/- by the
appellant which sum has been withdrawn by the claimants.
Hence, the said amount is required to be paid by the insurer to
the owner of the vehicle.
8. In view of the aforementioned, the following
ORDER
i) The above appeal is allowed.
ii) The judgment and award dated
05.08.2014 passed in MVC No.436/2009
by the Additional Senior Civil Judge,
Ramanagara is modified to the extent
stated herein.
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iii) The amount awarded by the Tribunal
shall be paid by the 2nd respondent -
insurer.
iv) The 2nd respondent - insurer is
directed to pay a sum of `3,20,000/- that
was deposited by the appellant-owner in
the present appeal to the owner within
eight weeks from the date of receipt of a
copy of this judgment. In the event, the
same is not deposited the appellant-
owner is permitted to recover the same
from the insurer.
sd/-
JUDGE
BS
