Karnataka High Court
Arogyaswamy @ Arogya, vs Veereshappa H. S/O Chandrashekarappa ... on 1 August, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 01 s t DAY OF AUGUST 2018
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
M.F.A. No.104263 OF 2017 [MV]
BETWEEN:
AROGYASWAMY @ AROGYA,
S/O ARAPPA @ HALAPPA,
AGE: 36 YEARS,
OCC: CABLE OPERATOR,
R/O: 99, SATHYANAVANI NAGAR,
INDIRA NAGAR, BALLARI-583101.
... APPELLANT
(By Sri. Y LAKSHMIKANT REDDY ADV.)
AND:
1. VEERESHAPPA H.
S/O CHANDRASHEKARAPPA H,
AGE: 37 YEARS,
OCC: DRIVER OF THE TATA ACE VEHICLE,
BEARING REGN. NO. KA-34/A-5631,
R/O: NO. 34, MATASUGUR VILLAGE,
SIRUGUPPA TALUKA,
BALLARI DISTRICT-583101.
2. SHIVA BASAPPA,
S/O POMANAGOUDA,
AGE: 57 YEARS,
OCC: OWNER OF THE TATA ACE VEHICLE,
BEARING REGN. NO. KA-34/A-5631,
R/O: D. NO. 22, W.NO. 3,
BADANAHATTI VILLAGE IN
BALLARI TALUKA AND DISTRICT-583101.
:2: MFA No.104263/2017
3. THE BRANCH MANAGER,
M/S IFFCO-TOKIO GENERAL
INSURANCE COMPANY LIMITED,
BALLARI-583101.
... RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 & 2 DISPENSED WITH;
By Sri. RAVINDRA R MANE ADV. FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
03.01.2017 PASSED IN MVC NO.233/2015 ON THE FILE OF
THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
This appeal coming on for Orders, this day the Court
delivered the following:-
JUDGMENT
Both sid e submit that parties have comp romised the matter. Having regard to the same, notice to respondent Nos.1 and 2 is d isp ensed with. Delay of 218 days in filing the app eal is condoned . IA No.1 of 2018 and memo are disposed off accordingly.
2. This claimant's app eal arises out of the judgment and award d ated 03.01.2017 in MVC No.233/2015 passed by MACT-XII, Ballari. The :3: MFA No.104263/2017 challenge to the award is on the ground of q uantum of comp ensation.
3. Both counsel on instruction have filed joint memo reporting that the p arties have settled the matter amicably and app ellant has ag reed to receive Rs.1,80,000/- in addition to the award amount in full settlement of his claim.
4. Having reg ard to said settlement, the app eal is partly allowed . The impugned award is modified as follows:
(i) The compensation award ed by the Tribunal is enhanced glob ally by Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only);
(ii) Respondent No.3 / insurer shall deposit before the Tribunal the said ad ditional sum of Rs.1,80,000/- payable to the claimant within six weeks from the d ate of receip t of cop y of this order. Failing which the said sum shall carry interest :4: MFA No.104263/2017 at 9% per annum for the delayed period;
(iii) Out of the aforesaid amount, 50% shall be invested in fixed deposit in any nationalized bank for a term of three years in the name of the claimant. The balance amount shall be d isbursed to the claimant.
Sd/-
JUDGE RK/-