Karnataka High Court
The Manager vs Sri. Gurappa V on 19 November, 2024
-1-
NC: 2024:KHC:46771
MFA No. 4899 of 2024
C/W MFA No. 6939 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 4899 OF 2024 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6939 OF 2024 (MV-I)
IN MFA No. 4899/2024
BETWEEN:
THE MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
R.O NO. 18, 5TH FLOOR,
KRISHI BHAVAN, HUDSON CIRCLE,
NRUPATHUNGA ROAD,
BENGALURU - 560 001,
REPRESENTED BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. A.M. VENKATESH, ADVOCATE)
Digitally signed by
AASEEFA PARVEEN AND:
Location: HIGH
COURT OF 1. SRI. GURAPPA V,
KARNATAKA
S/O VENKATAPPA,
AGED ABOUT 44 YEARS,
R/AT SARJAPURA ROAD,
HALASALLI THIPPASANDRA,
GUNJUR, BENGALURU.
2. BREEDON CONCRETE SOLUTIONS,
NO. 42, KATRIGUPPE HOBLI,
SARJAPURA HOBLI,
ANEKAL TALUK,
-2-
NC: 2024:KHC:46771
MFA No. 4899 of 2024
C/W MFA No. 6939 of 2024
BENGALURU URBAN - 562 125.
...RESPONDENTS
(BY SRI. A. SRINIVASAIAH, ADVOCATE FOR R1;
R2 NOTICE DISPENSED WITH VIDE ORDER DATED
16.10.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2024 PASSED IN MVC
NO.5867/2022 ON THE FILE OF THE MEMBER, MACT, XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
SCCH-4 AWARDING COMPENSATION OF RS.6,26,095/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
IN MFA NO. 6939/2024
BETWEEN:
GURAPPA V,
S/O VENKATAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT: SARJAPURA ROAD,
HALASALLI, THIPPASANDRA,
GUNJUR, BANGALORE.
...APPELLANT
(BY SRI. A. SREENIVASAIAH, ADVOCATE)
AND:
1. BREEDON CONCRETE SOLUTIONS,
NO. 42, KATRIGUPPE HOBLI,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN - 562 125.
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
-3-
NC: 2024:KHC:46771
MFA No. 4899 of 2024
C/W MFA No. 6939 of 2024
R.O. NO. 18, 5TH FLOOR,
KRUSHI BHAVAN, HUDSON CIRCLE,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2;
R1 - NOTICE NOT ORDERED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 01.04.2024 PASSED
IN MVC NO. 5867/2022 ON THE FILE OF THE MEMBER,
MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BENGALURU CITY (SCCH-4), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Both the appeals are outcome of the order that is
rendered by the Motor Accidents Claims Tribunal,
Bengaluru in M.V.C. No.5867/2022 dated 01.04.2024.
While MFA No.4899/2024 is filed by the Insurance
Company urging various grounds, one of which is that the
compensation that is granted by the tribunal is exorbitant,
NC: 2024:KHC:46771
MFA No.6939/2024 is filed by the claimant seeking
enhancement of compensation.
2. In both the appeals, the Insurance Company is
being represented by learned counsel Sri.A.M.Venkatesh
and the claimant is being represented by learned counsel
Sri.A.Srinivasaiah.
3. On this day Sri.A.M.Venkatesh and
Sri.Srinivasaiah.A files joint memo. Both the learned
counsel submits that the matter is settled between the
parties. It is also stated that the claimant agreed to
receive a sum of Rs.5,20,000/- together with interest as
awarded by the tribunal towards full and final settlement.
4. The tribunal through the impugned order awarded
a sum of Rs.6,26,095/- as compensation. However, in the
light of the settlement arrived at between the parties, both
the appeals are disposed of in terms of the compromise
that is effected. The compromise memo which is filed shall
form part of record.
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5. Decree to be drawn accordingly.
6. Amount if any, in deposit to be transmitted to the
concerned tribunal immediately.
7. In the light of the compromise effected, IA
No.1/2024 which is filed for condonation of delay in MFA
No.6939/2024 is allowed.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT: BHK
