The Legal Claims Manager vs Krishnamurthy S/O Shekharappa
2025 Latest Caselaw 5631 Kant

Karnataka High Court

The Legal Claims Manager vs Krishnamurthy S/O Shekharappa on 27 March, 2025

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                                                             NC: 2025:KHC-D:5659
                                                        MFA No. 102597 of 2023




                              IN THE HIGH COURT OF KARNATAKA,
                                      DHARWAD BENCH

                          DATED THIS THE 27TH DAY OF MARCH, 2025

                                             BEFORE
                          THE HON'BLE MR. JUSTICE UMESH M ADIGA
                    MISCELLANEOUS FIRST APPEAL NO. 102597 OF 2023 (MV-I)

                   BETWEEN:

                   THE LEGAL CLAIMS MANAGER,
                   M/S. CHOLAMANDALAM M. S. GENERAL
                   INSURANCE CO. LTD., 77/1, 1ST FLOOR,
                   V. A. KALBURGI SQURE, DESAI CROSS,
                   DESHPANDE NAGAR, HUBBALLI,
                   REPRESENTED BY ITS AUTHORISED SIGNATORY.
                                                                      ...APPELLANT
                   (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

                   AND:

                   1.   KRISHNAMURTHY S/O. SHEKHARAPPA,
                        AGE 38 YEARS, OCC: HOTEL WORK, (NOW NIL),
                        R/O. RAMESHWARA VILLAGE,
                        YARAGANAL POST, IN NYMATHI TALUKA,
Digitally signed        DIST. DAVANAGERE, NOW VAGEESH NAGAR,
by VISHAL
NINGAPPA                3RD CROSS, RANEBENNUR, DIST. HAVERI-581115.
PATTIHAL
Location: High
Court of
Karnataka,
                   2.   HARISH CHANDRAPPA M. S/O. MARI KENCHAPPA,
Dharwad Bench           AGE MAJOR, OCC: BUSINESS WORK,
                        R/O. MIC 179, NANDHI SHREE, KHB COLONY,
                        VINOBA NAGAR, SHIVAMOGGA-577204.
                                                                ...RESPONDENTS
                   (BY SRI. G. N. NARASAMMANAVAR, ADV. FOR R1)

                          THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF
                   MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS AND
                   SET ASIDE THE JUDGMENT AND AWARD DATED 12.12.2022 PASSED
                   BY II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT RANEBENNUR IN
                   MVC NO.1168/2019 AND ETC.

                        THIS APPEAL, COMING ON FOR ORDERS,            THIS   DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                            NC: 2025:KHC-D:5659
                                        MFA No. 102597 of 2023




                    ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

1. Learned counsel appearing for parties are

present and file a joint memo stating that the matter is

settled between the parties.

2. The appellant-insurer has agreed to pay and the

respondents-claimants have agreed to receive a sum of

Rs.13,40,500/- (Rupees thirteen lakhs forty thousand

five hundred only), in addition to what has been awarded

by the Tribunal, in full and final settlement of the claim.

3. The joint memo is taken on record.

4. The appellant - Insurance Company has agreed

to deposit the said amount before the Tribunal within six

weeks from the date of preparation of Award, failing which

the said amount shall carry interest at the rate of 9% p.a.

from the date of default, till the date of deposit. The

parties are not entitled to any cost.

NC: 2025:KHC-D:5659

5. The order of apportionment, deposit and

release ordered by the Tribunal shall hold good for the

compensation awarded in this appeal.

6. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The judgment and award of

the Tribunal shall stand modified accordingly.

The Registry to draw up the award accordingly.

Sd/-

(UMESH M ADIGA) JUDGE

KGK /CT-AN