Karnataka High Court
M/S National Insurance Company Ltd vs Mr Hanumanthasetty on 5 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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MFA No. 6009 of 2021
C/W MFA No. 455 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 6009 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 455 OF 2022 (MV-I)
IN MFA NO.6009/2021
BETWEEN:
SRI HANUMANTHASHETTY
S/O BASAVASHETTY
AGED 39 YEARS
BHEEMANABEEDU VILLAGE
HANGALA HOBLI
GUNDLUPETE TALUK
Digitally CHAMARAJANAGARA DIST 571313.
signed by ...APPELLANT
SUMATHY
KANNAN (BY SRI. MANJUNATH N D - ADVOCATE)
Location:
High Court AND:
of Karnataka
1. SRI ASEES A
S/O KALANTHAN A
AGED 56 YEARS
R/AT KUNNATHPEDIKKAL HOUSE
KUNNAMAGNALAM
KARHTNAUR POST
KOHIDKODE TALUK
KERALA DIST 6730001.
2. THE MANGING DIRECTOR
KERALA STATE ROAD
TRANSPORT CORPORATION
P O NO 63
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MFA No. 6009 of 2021
C/W MFA No. 455 of 2022
THIRUVANANTHAPURAM
KERALA STATE 605036.
3. NATIONAL INSURANCE CO. LTD.,
NO. 656/C, FIRST FLOOR
17TH MAIN, 5TH CROSS
SARASWATHIPURAM
MYSURU 570009.
...RESPONDENTS
(BY SMT. GEETHA R - ADVOCATE FOR RESPONDENT NO.3;
RESPONDENTS NO.1 & 2 SERVICE OF NOTICE DISPENSED
WITH)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD
DT.30.08.2021 PASSED IN MVC NO.237/2019 ON THE FILE OF
THE IV-ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS
CLAIMS TRIBUNAL, MYSURU AND THEREBY ALLOW THE CLAIM
PETITION FOR COMPENSATION AS PRAYED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
30.08.2021.
IN MFA NO.455/2022:
BETWEEN:
M/S NATIONAL INSURANCE COMPANY LTD.,
NO.665/C, FIRST FLOOR
17TH MAIN, 5TH CROSS
SARASWATHIPURAM, MYSURU
REP. BY REGIONAL OFFICE
SITUATE AT NO.144
M.G.ROAD, SHUBHARAM COMPLEX
BANGALORE-560 001
REPTD. BY G.SHIVAKUMAR
ASSISTANT MANAGER.
...APPELLANT
(BY SMT. GEETHA R - ADVOCATE)
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MFA No. 6009 of 2021
C/W MFA No. 455 of 2022
AND:
1. MR. HANUMANTHASETTY
S/O BASAVASETTY
AGED 39 YEARS
R/AT BHEEMANABEEDU VILLAGE
HANGALA HOBLI
GUNDLUPET TALUK-571111.
2. MR. ASSES A
S/O KALATHAN A
AGED 56 YEARS
R/AT KUNNATHEPADIKKAL HOUSE
KUNNAMANGALAM
KARANTHUR POST
KOZHIKODE TALUK
KERAL DISTRICT-673303.
3. THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION
PO NO.63, THIRUVANTHPURAM
KERALA STATE-695 035.
...RESPONDENTS
(BY SRI. SUNDARAN T K - ADVOCATE FOR RESPONDENT
NO.3; RESPONDENTS NO.1 & 2 SERVED UNREPRESENTED)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
30.08.2021, PASSED IN MVC NO. 237/2019 ON THE FILE OF
THE IV-ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENTS
CLAIMS TRIBUNAL, MYSURU.
THESE MFAs', COMING ON FOR ADMISSION, THIS DAY,
DR.CHILLAKUR SUMALATHA .J., DELIVERED THE
FOLLOWING:
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MFA No. 6009 of 2021
C/W MFA No. 455 of 2022
JUDGMENT
Challenging the order rendered by the Motor
Accidents Claims Tribunal, Mysuru in MVC No.237/2019,
claimant therein filed MFA No.6009/2021. Challenging the
same order the Insurance Company filed MFA
No.455/2022.
The Tribunal through the impugned order has
awarded a sum of Rs.7,31,000/-(Rupees Seven Lakh
Thirty One Thousand Only) as compensation payable with
interest at the rate of 6% p.a. from the date of petition till
the date of realization.
2. On this day, Sri Manjunath M D, learned
counsel appearing for claimant and Smt Geetha R, learned
counsel appearing for respondent insurance Company filed
a joint memo stating that on negotiations both parties
agreed to settle the matter and the Insurance Company
accepted to pay a sum of Rs.7,00,000/- (Rupees Seven
Lakh Only) along with interest at the rate of 6% p.a. from
NC: 2024:KHC:19387-DB
the date of petition till the date of deposit and the same is
agreeable to the claimant.
3. Both the learned counsel seeks to dispose of
both the appeals in the light of the understanding arrived
at between the parties. Hence the following :
ORDER
Compensation awarded by the Motor Accidents
Claims Tribunal, Mysuru in MVC No.237/2019 dated
30.08.2021 is reduced from Rs.7,31,000/- to
Rs.7,00,000/-.
The said sum of Rs.7,00,000/- shall be deposited
by the Insurance Company together with the interest at
the rate of 6% p.a. from the date of petition till the date of
deposit within a period of six weeks.
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The amount if any in deposit, be transmitted to the
concerned Tribunal immediately.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
