Karnataka High Court
Smt.Sharanamma W/O Late Somashekhar ... vs Sri.Rajshekhar S/O Mahantayya And Anr on 20 April, 2018
Bench: R.Devdas, B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF APRIL, 2018
PRESENT
THE HON'BLE MR.JUSTICE B.VEERAPPA
AND
THE HON'BLE MR.JUSTICE R.DEVDAS
MFA NO.200577/2016 (MV)
BETWEEN:
1. Smt Sharnamma
W/o Late Somashekhar Sajjanshetti
Aged 48 years, Occ: Household
2. Sri Mallikarjun
S/o Late Somashekhar Sajjanshetti
Aged 25 years, Occ: Student
3. Sri Nagaraj
S/o Late Somashekhar Sajjanshetti
Aged 23 years, Occ: Student
(Petition against 2 and 3 is dismissed)
All R/o C/o Bassappa S Sajjanshetti
Khuba Plot, Kalaburagi - 585 101
... Appellants
(By Sri B. Ali Mohammad, Advocate)
AND:
1. Rajshekhar S/o Mahantayya
Aged 53 years,
Occ: Owner of Tempo Track bearing
Reg.No.KA-37-M-5926
R/o H.No.2-5-6/2, Block No.5
Prashant Nagar, Gangavati, Dist. Koppal
2
2. The Shriram General Insurance Co. Ltd.
E-8, EPIP RIICO, Industrial Area
Sitapur Jaipur, Rajasthan - 302 022.
Through Division Manager
... Respondents
(Sri Subhash Mallapur, Advocate for R2; Notice to R1 is dispensed with V/O Dtd. 20.04.2018) This MFA is filed under Section 173 (1) of MV Act, praying to call for the records in MVC No.676/2013 on the file of Prl. Senior Civil Judge and MACT at Kalaburagi and the impugned judgment and award dated 10.08.2015 passed in MVC No.676/2013 on the file of Prl. Senior Civil Judge and MACT at Kalaburagi may be modified by granting compensation as claimed in the claim petition and this miscellaneous first appeal may be allowed as prayed with cost.
This appeal coming on for orders this day, B.Veerappa J., delivered the following:
JUDGMEMT The learned counsel for the parties have filed a joint memo before the Court. In terms of the joint memo, the matter is settled for a total sum of Rs.3,75,000/-. The respondent - Insurance Company has agreed to pay a sum of Rs.3,75,000/- as full and final settlement. The appellants have agreed for the same.
Accordingly, this Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The 3 award of the Tribunal shall stands modified. Draw award accordingly.
The enhanced amount shall be disbursed in favour of the appellant-claimants in terms of the award of the Tribunal.
Sd/-
JUDGE Sd/-
JUDGE LG