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Veerabhadraswamy vs N. Umashankar and Bajaj Allianz General Insurance Co. Ltd.

Karnataka High Court · Decided on 19 January 2011 · Citation: (2011) 01 KAR CK 0128

HON’BLE JUDGES
N. Ananda, J
CASE NUMBER
M.F.A. No. 663 of 2009
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Judgment

6 paragraphs · 334 words

N. Ananda, J.—When these appeals are taken up for final hearing, Sri V. Padmanabha Kedilaya, learned Counsel for claimants, Smt. H.R. Renuka, learned Counsel for R-2 M/s. Bajaj Allianz General Insurance Co. Ltd. and Sri R.S. Ravi, learned Counsel for first Respondent have filed a joint memo wherein, the Insurance Company has agreed to satisfy the impugned award exclusive of interest. The claimant has agreed to receive the compensation of Rs. 78.550/- awarded by the tribunal and has agreed to give up interest. The joint memo is accepted.

2.

M.F.A. No. 663/2009 is disposed of in terms of the joint memo. The second Respondent M/s. Bajaj Allianz General Insurance Co. Ltd. shall deposit a sum of Rs. 78,550/- with the tribunal within eight weeks from today. If the amount is not deposited within eight weeks from today, claimant is at liberty to execute the decree for recovery of compensation of Rs. 78,550/- with interest at 6% p.a. from the date of patition. If the amount is deposited by the Insurance Company within eight weeks as aforestated, the tribunal shall disburse the compensation to claimant, as per the directions of the Supreme Court in the case of K.S.E.T.C v. Susamma Thomas and Ors. M.F.A. No. 1398/2009.

3.

M.F.A. No. 1398/2009 is filed by the owner of the insured vehicle to fasten liability on the Insurance Company and also to reduce the compensation awarded to claimant

4.

In M.F.A. No. 663/2009, the Insurance. Company has agreed to satisfy the impugned award excluding interest. The claimant has agreed to receive the compensation in terms of the impugned award excluding interest. Both the parties have filed Joint Memo as aforestated.

5.

In view of the joint memo filed by the parties in M.F.A. No. 663/2009 and disposal of M.F.A. No. 663/2009 in terms of the joint memo, M.F.A. No. 1398/2009 has become infructuous and the same is dismissed as having become infructuous.

The statutory amount deposited by the Appellant in M.F.A. No. 1398/2009 shall be refunded to him.